Procedure and forms, Rule 70: Requests for instructions or rulings, Rule 74: Civil asset forfeiture (effective September 1, 2021), Amended July 26, 2017, effective September 1, 2017, Superior Court Rule 9D: Motions for reconsideration. Co. v. Century Cas. These revisions are described in the 2019 Reporter's Notes to Rule 1. Smith, Criminal Practice and Procedure Section 1281. 265, 269-70 & n. 1 (1983); or that the defendant was not criminally responsible by reason of insanity,Mass. Contact Reference Librarians. ), cert. United States v. Woodruff, 596 F.2d 798, 799 (8th Cir. Further, in Police Comm'r, supra at 660, we noted that "there are no statutes in the Commonwealth regulating the maintenance and dissemination of juvenile arrest records." If treated as a Rule 59 motion, the motion for reconsideration would have operated to toll the time period to claim an appeal. The time for filing an appeal may be enlarged by order of an appellate court or an appellate justice, but such extension can never exceed one year from the date of the judgment or order appealed from, see Appellate Rule 14(b). The reason for the time limitation is that courts are "reluctan[t] to allow a late petition to rejuvenate a dispute which, through the expiration of the period allowed for appeal from the original order, had become settled." 42, Mass. See Silvia v. Laurie, supra. Neither the place of questioning, the status of the investigation at the time of the questioning, or the conduct of the police produced an atmosphere of isolation and intimidation requiring a Miranda warning. In January, 1991, the complaint was dismissed [Note 1] at the request of the complainant. Questions about legal information? No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the judge or special magistrate. Upon the Commonwealth's interlocutory appeal, authorized by a single justice of the Supreme Judicial Court under Mass.R.Crim.P. The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court. an applicant, complainant, or aggrieved person may file a motion for reconsideration, setting forth the grounds or statutory provisions . R. Crim. 640, 648 (1978), "the distinction between expungement of a record and sealing of a record is important. Commonwealth v. Pope, 392 Mass. [T]he pro se prisoner has no choice but to entrust the forwarding of his notice of appeal to prison authorities whom he cannot control or supervise and who may have every incentive to delay. The judge who had dismissed the complaint allowed the defendant's motion on December 19, 1980, after hearing argument. 1. explanation for the altered decision. See District Attorney for the No. [Note 7] A Juvenile Court judge's decisions. If the specifications supplied in conformity with the court's order are irrelevant or prejudicial, defense counsel must file a motion to strike those deemed improper. at 444. [471]. The subdivision also specifies two specific, non-exhaustive circumstances which shall be deemed to constitute good cause. Judges are not condemned to abstain from entertaining second thoughts that may be better ones. Although an oral motion may be considered,Commonwealth v. Geoghegan, 12 Mass. 1005, 1006 (1982), where the court noted that the time limits for appeal, Mass.R.A.P. Plaintiff's motion is DENIED. The clerk shall notify the parties of the time set for hearing the motion. 1980). Share sensitive information only on official, secure websites. [T]he time limits of [Fed.R.App.P.] So too were the specific provisions in 13(b) and 13(c) concerning bills of particulars and motions to dismiss respectively. Subdivision (a)(2) is taken fromRules 9and61of the Superior Court Rules (1974). 185, 187 (1988);Commonwealth v. Haggerty, 400 Mass. Ct. 786 , 792 (1981). [Note 3] The defendant had received a check payable to his employer, American Title Insurance Company, which he deposited in his personal checking account. "There would be a considerable irony if a court charged with exercising its function in a manner consistent with [G. L. c. 119, Section 53,] was viewed not to have the power to take the necessary steps to ensure that in proper circumstances the juvenile shall suffer no injury as a result of involvement with the judicial process by the dissemination of records which have in some ways an impact equivalent to criminal records. Unhappily, other events took precedence -- the assistant district attorney assigned to the case was shot and killed on October 2, 1980. Rule 14(b)(2) and (3), respectively). Top-requested sites to log in to services provided by the state. The rules are not to be administered inflexibly and certainly not in a fashion which serves no purpose other than to produce redundant paper. 4(b), as appearing in 378 Mass. 1003, 1003-4 (1990). In Police Comm'r of Boston v. Municipal Court of the Dorchester Dist., 374 Mass. There is, therefore, a "palpable reluctance to allow [a] late petition to rejuvenate a dispute which, through the expiration of the period allowed for appeal from the original order, had become settled." 928 (1979), and amendments of judgment, Mass.R.Civ.P. . Commonwealth v. Tart, 408 Mass. See Commonwealth v. See Commonwealth v. Montanez, 410 Mass. 828 (1974), which it claims "allows such motions to be filed within a `reasonable time.'" See 2013 Reporter's Note to Rule 4. App. As the Miranda warning issue was presented on the basis of the written report of one of the arresting officers, we are in as good a position as the motion judge to decide whether the police were tardy in warning the defendant that he had a right to remain silent and so forth. Ct. 570, 573-574(1986) and Commonwealth v. Montanez, 410 Mass. 1983 & Supp. The other, specified in (d)(1)(B), allows later filing by the Commonwealth if it "could not reasonably provide all discovery due to the defense prior to the conclusion of the pretrial hearing." This subdivision provides the parties with a right to a hearing on a pretrial motion, and governs the scheduling of the hearing. The quoted phrase has been thought to indicate that counsel should file an affidavit setting out reasons why the motion should be reheard. R. App. Rule 4(d), consistent with Fed. Massachusetts rules of court and standing orders, Rule 9: Motions and interlocutory matters, Rule 11: Attorney not to become bail or surety, Rule 14: Exhibits other than hospital records, Rule 15: Eliminating requirement for verification by affidavit, Rule 18: Impoundment and personal identifying information, Rule 19: Hearing in one location, county or region of cases from another, Rule 20: Individual case management and tracking, Rule 29: Cover sheet; statement as to damages, Rule 31: Consolidation of Superior Court cases (1), Rule 55: Experts in criminal and delinquent children cases, Rule 61: Motions for return of property and to suppress evidence, Rule 61A: Motions for post-conviction relief, Rule 63: Recording of grand jury proceedings, Rule 64: Appellate Division. Id. With regard to the preparation of the 2019 Reporter's Notes to this Rule, see the first paragraph of the 2019 Reporter's Notes to Rule 1. 1979); Sleek v. J.C. Penney Co., 292 F.2d 256, 257 (3d Cir. 2006). P. 4(c)(1)(A), this subdivision requires only that the party's certificate set forth the date of deposit, and does not include the further requirement that the party also state that first-class postage has been prepaid because some Massachusetts institutions affix postage after the item leaves the inmate or civilly committed person's hands. 844 (1979), provides that the rules are to be construed "to secure simplicity in procedure, fairness in administration, and the elimination of expense and delay." On August 4, 1980, a complaint was filed in the Framingham. 1961); Meadows v. Cohen, 409 F.2d 750, 752 n.4 (5th Cir. P. 60(a) motion is intended to correct the record to reflect the original adjudication and may not be used to alter the substantive rights of the parties. P. 4(c)(2), establishes that in a civil case, the 14- day time period for another party to file a notice of appeal begins when the filing of the first notice of appeal is docketed in the lower court. Motions and Interlocutory Matters Rule 9A. The Supreme Court in Browder v. Director, Dept. v. Superior Court, 342 Mass. Flint v. Howard, 464 F.2d 1084, 1087 (1st Cir. The word "filed" is retained in Rule 4(a)(2) to clarify that, regardless of the language used in the applicable Massachusetts Rules of Civil Procedure, the post-judgment motion must actually be filed with the lower court to toll the time period to file a notice of appeal. Attorney not to Become Bail or Surety Rule 12. 1977), cert. [Note 1] The appeal period under Mass.R.A.P. Without a further hearing, findings, or explanation, the District Court judge who had been acting on the case then turned 180 degrees and allowed the motion to suppress. If a motion is filed for reconsideration within 30 days of entry of the order disposing of the motion, the period to appeal shall not terminate until 30 days from entry of the order disposing of the motion for reconsideration. He did not specify whether the dismissal was with prejudice. R. App. See alsoCommonwealth v. Chou, 433 Mass. P. 59(e) (1975), at least for purposes of tolling the time period for preserving the right to appeal under Dist. This court in Charles Choate Memorial Hosp. See alsoCommonwealth v. Baker, 368 Mass. United States v. Cook, 670 F.2d 46, 48-49 (5th Cir. Please limit your input to 500 characters. See Commonwealth v. Lewis, 57 Mass. His conviction of larceny indicates rejection by the jury of his claim that he was entitled to the proceeds of the check as part payment for a purchase by American Title Insurance Company of his (the defendant's) title company. This is a restatement of former G.L. P. 4(b), upon the inmate having deposited the notice of appeal in the prison's institutional mailbox. The absence of a legislative scheme was a factor on which we based our determination that the judge acted properly. This page is located more than 3 levels deep within a topic. 10-2000, 2012 WL 5353516 (D.D.C. Although the word "sitting" may still be found in our statutes with reference to sessions of court, e.g., G. L. c. 213, Section 6; G. L. c. 218, Section 38, and although the rule limiting a judge's action to term time has not been expressly repealed by our rules as in the Federal system, see former Fed.R.Crim.P. 2(a), 378 Mass. (motion for reconsideration untimely when filed over a month after expiration of time allowed for appeal), aff'd, 563 F.2d 1331 (9th Cir. Mun. [Note 1] We deduce the date from a date stamp which appears on a copy of the motion reproduced in the record appendix. The phrase "whichever comes last" was added at the end of Rule 4(b)(1) to clarify that the time for filing a notice of appeal runs from the happening of the last occurrence enumerated in the rule. Under subdivision (d)(2), non-discovery pretrial motions are to be filed no later than 21 days after the court's assignment of a trial date or trial assignment date, unless the court permits later filing for good cause shown. 1, 365 Mass. Please let us know how we can improve this page. R. Civ. The language "however titled" in the amended version is intended to make clear that the substance and not the title of the motion should control. 827 (1974), applicable to a reconsideration of a ruling of law, do not apply to the action of a clerk in adding interest to a judgment. MOTION FOR RECONSIDERATION OR MODIFICATION OF DECISION On April 3, 2020, this Court concluded that due to the "urgent and unprecedented" COVID-19 pandemic, "a reduction in the number of people who are held in custody is necessary." Committee for Public Counsel Services v. Chief Justice of the Trial Court, 484 Mass. We agree with the Commonwealth that the availability of appellate review does not preclude reconsideration by the judge of his prior order. Accordingly, we treat a timely request for reconsideration as an appropriate procedure without regard to whether appellate review is available. at 271, citations omitted. A lock icon ( Federal Rules of Criminal Procedure; Federal Rules of Evidence; Federal Rules of Bankruptcy Procedure . 265, 270-71 (2004) (an affidavit accompanying a motion requesting a summons for production of documentary evidence or objects may be based on hearsay from a reliable source, which the affidavit must identify). It was amended in 2004 to eliminate provisions relating to filing motions in the now-abolished de novo district court system, and to remove a conflict between this rule and the statutory filing deadlines subsequently established for district courts by the single-trial legislation,G.L. 290, 294 & n.4 (1991). (dissenting). If a conflict between this subdivision and the general filing and service of papers provisions ofRule 32should arise, this subdivision is controlling as to motions to which it is applicable. However, the clerk will be guided by other provisions in subdivision (e). The time limits provided in this rule for the filing of pretrial motions are intended to set the norm. 842 , 844, 909 (1979). Accordingly, in 2019, Rule 4(a)(2)(C) was amended to clarify that only a Mass. [Note 7] This section directs that statutes concerning delinquency proceedings "shall be liberally construed so that the . . judge of an order entered by him. App. [Note 5] See id. See Commonwealth v. Dascalakis, 246 Mass. of Corrections, 434 U.S. 257 (1977), applied the time limits of the Federal Rules of Civil Procedure to a habeas corpus proceeding. Prior to these amendments, the time period for filing a notice of appeal was tolled when a "timely motion under the Massachusetts Rules of Civil Procedure is filed in the lower court by any party." One self-evident basis is that the discovery sought could not reasonably have been requested or obtained prior to the pretrial hearing [(d)(1)(A)]. at 772. P. 60(b) motion, and not a Mass. Commonwealth's motion for reconsideration of an order dismissing the Trial Court Law Libraries. (b) The Commonwealth also contends that the motion for reconsideration was improper because it was unaccompanied by an affidavit, as required in the case of a pretrial motion when initially made, and because the motion was unaccompanied by new or additional grounds (which could not reasonably have been known when the motion was originally filed). The Supreme Judicial Court held that the filing of the notice of appeal should be deemed to have occurred upon the inmate's relinquishment of control of the notice of appeal to the prison authorities, and not on the date the clerk received it. 13(a)(5), 378 Mass. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court." COMPLAINT received and sworn to in the East Boston Division of the District Court Department on December 3, 1990. at 122, 128. Ann. 252, 255 (1942). 2016); Parrish v. McCulloch, 481 Fed. App. thirty days"). 59(e), 365 Mass. It depends, in part, on when you file a motion to reconsider, and what relief you are asking for in your motion to reconsider. ) ; or that the shall be deemed to constitute good cause or provisions! 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Operated to toll the time period to claim an appeal, 670 F.2d 46 48-49... Motion for reconsideration of an order dismissing the Trial Court Law Libraries to services provided by judge... Filed in the superior Court shall notify the parties of the Dorchester Dist., 374.. Section by a single justice of the complainant of the time limits for appeal, authorized by a justice! A topic let us know how we can improve this page is located more than levels. A single justice of the Dorchester Dist., 374 Mass ) is taken fromRules the. Only on official, secure websites appeal in the Framingham the superior Court Rules ( 1974 ), which claims... Amendments of judgment, Mass.R.Civ.P ] the appeal period under Mass.R.A.P the prison 's institutional.... To be administered inflexibly and certainly not in a fashion which serves no purpose other than to redundant. And amendments of judgment, Mass.R.Civ.P be filed within a ` reasonable time. ''...
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