TurboLaw Software Massachusetts Criminal Law Document Library (800) 518-8726 www.turbolaw.com AFFIDAVITS Affidavit of Defendant in Support of Motion - General Affidavit of Defense Counsel in Support of Motion - General Witness Statement AGREEMENTS Accord and Satisfaction Pursuant to M.G.L. c. 276, Sec. 55 Accord and Satisfaction Pursuant to M.G.L. c. 276, Sec. 55 (Alternate Form) Agreement for Assignment of Bail Agreement for Payment of Legal Fees in Cash Agreement Not to Use Statements - Cooperation with Commonwealth Agreement Pursuant to M.G.L. c. 276, Sec. 87 CORRESPONDENCE Letter - General Letter to Clerk re Enclosures Letter to Client re Contact Office Letter to Client re Court Appearance Date Letter to Client re Flat Fee Agreement Letter to Client re Retainer Fee Agreement Contingent Fee Agreement Defendant s Proposal of Conditions for Release after M.G.L. c. 276, Sec. 58A Hearing Fee Agreement for Appeal Flat Fee Agreement Joint Defense Agreement Retainer Fee Agreement Statement of Accord and Satisfaction Pursuant to M.G.L. c. 276, Sec. 55 Letter to Court re Absence of Defendant at Initial Court Appearance Letter to Prosecutor re Client s Claim of Fifth Amendment Privilege before Grand Jury Letter to Prosecutor re Client s Wish to Present Exculpatory Evidence to Grand Jury COURT AND CPCS FORMS ADR Referral Form Court Order Compelling Court Appearance Court Order Compelling Proper Medical Treatment Court Order for Drug Examination CPCS E-Bill CPCS Youth Advocacy Project Case Opening Booklet DISCOVERY AND PRE-TRIAL MOTIONS Defense Certificate of Discovery Compliance (Juvenile) Entry of Appearance Juvenile Court Data Sheet Pre-Trial Conference Report - Boston Municipal Court Pre-Trial Conference Report - District Court Pre-Trial Conference Report - Superior Court Tender of Plea or Admission - Waiver of Rights (Juvenile) Defendant s Motion for Analysis of Controlled Substance Defendant s Motion for Attorney to Attend and/or Videotape Psychiatric Examination Defendant s Motion for Autopsy X-Rays Defendant s Motion for Bail and Opposition to M.G.L. c. 276, Sec. 58A Hearing Defendant s Motion for Bill of Particulars - General Defendant s Motion for Bill of Particulars (Alternate Form) Defendant s Motion for Bill of Particulars - Sexual Assault Defendant s Motion for Continuance - General Defendant s Motion for Copy of 911 Tape Defendant s Motion for Copy of Testimony of Witness from Another Hearing Defendant s Motion for Disclosure of Evidence in Possession of Federal Authorities Defendant s Motion for Disclosure of Fingerprint Evidence Defendant s Motion for Disclosure of Identification Procedure of Defendant Defendant s Motion for Disclosure of Identity of Commonwealth Informant Defendant s Motion for Disclosure of Identity of Commonwealth Witness Defendant s Motion for Disclosure of Information Contained in Privileged Records Defendant s Motion for Disclosure of Information Contained in Records of Complainant Defendant s Motion for Disclosure of Inmate Records Defendant s Motion for Disclosure of Location of Police Surveillance Post - 1 -
Defendant s Motion for Disclosure of Names of Anticipated Commonwealth Witnesses Defendant s Motion for Disclosure of Photographs and Memoranda Used to Prepare Commonwealth Witnesses Defendant s Motion for Disclosure of Prior and Subsequent Bad Acts Defendant s Motion for Disclosure of Promises, Rewards, Inducements and Threats by Commonwealth re Its Witnesses Defendant s Motion for Disclosure of Statements of Co- Defendant Defendant s Motion for Disclosure of Statements of Non- Testifying Declarant Defendant s Motion for Disclosure of Statements of Witnesses re Identification of Defendant Defendant s Motion for Discovery - General Defendant s Motion for Discovery of Defendant s Conduct to Be Introduced by Commonwealth as Implied Admission Defendant s Motion for Discovery of K-9 Detector Dog Defendant s Motion for Discovery of K-9 Tracking Dog Defendant s Motion for Discovery of Medical Evidence Defendant s Motion for Discovery of Personnel File of Individual Defendant s Motion for Discovery of Electronic Surveillance Defendant s Motion for Discovery of Police Officer s Notes Defendant s Motion for Discovery of Prior Complaints of Rape by Complainant Defendant s Motion for Discovery of Prosecutor s Notes re Witness Interviews Defendant s Motion for Discovery of Simulator Solution (OUI) Defendant s Motion for Discovery of Tests, Test Data and Test Results of Commonwealth s Experts Defendant s Motion for Discovery of Training Materials (OUI) Defendant s Motion for Discovery Pursuant to M.G.L. c. 218, Sec. 26A - Identification of Police Officer (OUI) Defendant s Motion for Discovery Pursuant to M.G.L. c. 276, Sec. 58A Hearing Defendant s Motion for Drug Examination Defendant s Motion for Exculpatory Evidence - Details of Alleged Fresh Complaint Defendant s Motion for Exculpatory Evidence - Details of Interviews with Complainant Defendant s Motion for Exculpatory Evidence - General Defendant s Motion for Exculpatory Evidence and Records Pursuant to Commonwealth v. Bishop Defendant s Motion for Independent Ballistics Examination Defendant s Motion for Independent Weighing of Alleged Controlled Substance Defendant s Motion for Internal Affairs Reports Defendant s Motion for Issuance of Subpoena Duces Tecum for Production of Out-of-State Records Defendant s Motion for Medical Reports Defendant s Motion for Participation of Defendant s Pathologist in Autopsy Defendant s Motion for Photographic Evidence Defendant s Motion for Placement into Drug Treatment Program Defendant s Motion for Preservation of Autopsy Evidence Defendant s Motion for Preservation of Evidence Defendant s Motion for Production of Department of Social Services Records Defendant s Motion for Production of Original Complaint Application Defendant s Motion for Production of Police Reports Defendant s Motion for Production of Witness Six-Part Folder Defendant s Motion for Psychiatric and Psychological Examination of Complainant Defendant s Motion for Shooting Reports Made to Internal Affairs or Other Investigative Body re Involved Police Officers Defendant s Motion for Temporary Relief from Revealing Identity of Defense Witness Defendant s Motion for Voir Dire Defendant s Motion for Weather Information Defendant s Motion to Be Notified by Commonwealth of Intention to Use Evidence Defendant s Motion to Compel Discovery Defendant s Motion to Compel Discovery Prior to Pre-Trial Conference Defendant s Motion to File Pre-Trial Conference Report Late Defendant s Motion to Have Defendant Examined for Competency for Arraignment Defendant s Motion to Have Defendant Examined for Competency for Trial Defendant s Motion to Have Defendant Removed from Medication and Tested for Competency Defendant s Motion to Inform Defendant of Commonwealth s Means and Intention of Defining Offense Defendant s Motion to Inspect Breathalyzer Machine (OUI) Defendant s Motion to Inspect Evidence and Reports - General Defendant s Motion to Inspect Evidence and Reports (OUI) Defendant s Motion to Interview Commonwealth Witnesses Defendant s Motion to Interview Incarcerated Commonwealth Witness Defendant s Motion to Limit Reciprocal Discovery by Commonwealth Defendant s Motion to Modify Commonwealth s Request for Pre-Trial Conditions Defendant s Motion to Obtain Breathalyzer Machine Information (OUI) Defendant s Motion to Obtain Criminal Record of Co- Defendant Defendant s Motion to Obtain Criminal Record of Defendant Defendant s Motion to Obtain Criminal Record of Victim Defendant s Motion to Obtain Criminal Record of Witness Defendant s Motion to Obtain Fingerprint Card and Unknown Fingerprint Defendant s Motion to Obtain Funds - General Defendant s Motion to Obtain Funds for Arson Investigator Defendant s Motion to Obtain Funds for Bloodstain Pattern Analysis Expert - 2 -
Defendant s Motion to Obtain Funds for Expenses of Witness Defendant s Motion to Obtain Funds for Expert Witness (General) Defendant s Motion to Obtain Funds for Eyewitness Identification Expert Defendant s Motion to Obtain Funds for Food and Housing Expenses of Counsel Defendant s Motion to Obtain Funds for Forensic Psychiatric Assistance Defendant s Motion to Obtain Funds for Incidental Expenses Defendant s Motion to Obtain Funds for Independent Testing Laboratory Defendant s Motion to Obtain Funds for Interpreter Defendant s Motion to Obtain Funds for Investigator Defendant s Motion to Obtain Funds for Issuance and Service of Summons Defendant s Motion to Obtain Funds for Photographer Defendant s Motion to Obtain Funds for Polygraph Expert Defendant s Motion to Obtain Funds for Process Server Defendant s Motion to Obtain Funds for Psychiatrist Defendant s Motion to Obtain Funds for Stenographer Defendant s Motion to Obtain Funds for Transcription of District Court Proceedings Defendant s Motion to Obtain Procedure Used in Photographic Array Identification Defendant s Motion to Obtain Procedure Used in Show-Up Identification Defendant s Motion to Permit Attorney to Appear Pro Hac Vice (Outside Massachusetts) Defendant s Motion to Permit Attorney to Appear Pro Hac Vice (Within Massachusetts) Defendant s Motion to Reduce Bail - General Defendant s Motion to Reduce Bail for Failure to Indict Defendant s Motion to Report Case (Pre-Trial) Defendant s Motion to Restore Case to Pre-Trial Conference List Defendant s Motion to Retain Jury Consultant Defendant s Motion to Stay Proceedings Pending Decision on Appeal from Denial of Funds Defendant s Motion to Strike Answers to Bill of Particulars Defendant s Motion to Waive Presence of Defendant Defendant s Notice of Appeal from Denial of Defendant s Motion to Obtain Funds Witness Motion to Quash Subpoena Witness Motion to Quash Subpoena Duces Tecum GENERAL Authorization for Disclosure of Protected Health Information Authorization for Release of Medical Information Authorization for Release of Medical Information (HIPAA) Certificate of Service - General Defendant s Witness List Intake Sheet Intake Sheet (Alternate Form) JUVENILE MATTERS Defendant s Motion for Funds to Hire Expert for Sentencing Phase Defendant s Motion for Leave to Issue Subpoena for School Records Defendant s Motion for Order of Conditional Release Pursuant to M.G.L. c. 276, Sec. 58A Defendant s Motion for Referral to Drug Rehabilitation Defendant s Motion for Diagnostic Evaluation Pursuant to M.G.L. c. 119, Sec. 68A Defendant s Motion for SORB Relief from Registration Defendant s Motion to Be Declared Juvenile Drug Dependent and Referred for Treatment Defendant s Motion to Dismiss Youthful Offender Indictment Defendant s Motion to Expunge Record Defendant s Motion to Expunge Record (Alternate Form) Defendant s Motion to Inspect Records Pursuant to M.G.L. c. 119, Sec. 60A Defendant s Motion to Suppress Statements Youthful Offender Probation Pre-Sentence Report MISCELLANEOUS MOTIONS Defendant s Motion for Relief from Community Parole Supervision for Life Defendant s Motion for Relief from Fees and Court Costs Defendant s Motion for Relief from Registration with Sex Offender Registry Board Defendant s Motion for Return of Cash Deposited with Court as Bail Defendant s Motion to Dismiss Probable Cause Hearing Defendant s Motion to Reduce or Remit Order of Restitution (Motor Vehicle) Defendant s Motion to Seal Criminal Record Defendant s Motion to Seal Criminal Record Pursuant to M.G.L. c. 94C, Sec. 34 Defendant s Motion to Stay Probable Cause Hearing Defendant s Motion to Vacate Findings of Probable Cause Hearing Defendant s Motion to Vacate Judgment Surety s Motion for Return of Cash Deposited with Court as Bail - 3 -
MOTIONS IN LIMINE Defendant s Motion in Limine for Blank Line-Up Defendant s Motion in Limine for Counsel to Be Present at Post Line-Up Interview with Line-Up Witnesses Defendant s Motion in Limine for Evidentiary Hearing to Disallow Commonwealth Expert Testimony Defendant s Motion in Limine for Evidentiary Hearing to Qualify Defense Expert Witness Defendant s Motion in Limine for Issuance of Gag Order Defendant s Motion in Limine for Limitation of Witness Testimony for Impeachment Purposes Defendant s Motion in Limine for Limitation of Witness Testimony to Questions Asked Defendant s Motion in Limine for Non-Suggestive Identification by Means of Selection of Defendant from Courtroom Audience Defendant s Motion in Limine Not to Declare Witness an Expert in Open Court Defendant s Motion in Limine to Absent Self from Courtroom and for In-Court Line-Up Defendant s Motion in Limine to Allow Defendant to Display Non-Testimonial Evidence Defendant s Motion in Limine to Allow Testimony of Eyewitness Identification Expert Defendant s Motion in Limine to Allow Testimony of Polygraph Expert Defendant s Motion in Limine to Conduct Line-Up at Jail Competency of Child Witness Identification Testimony of Witness Prospective Fresh Complaint Witnesses Statements Made by Defendant Statements Made by Witness Witness Invoking Fifth Amendment Privilege Defendant s Motion in Limine to Exclude Associational Statements Defendant s Motion in Limine to Exclude Autopsy Photographs Defendant s Motion in Limine to Exclude Breathalyzer Results Based upon Improper Assay Defendant s Motion in Limine to Exclude Breathalyzer Results Based upon Improper Testing Procedure Defendant s Motion in Limine to Exclude Breathalyzer Results based upon Lack of Sequentially Numbered Forms Defendant s Motion in Limine to Exclude Certain Closing Arguments of Commonwealth Defendant s Motion in Limine to Exclude DNA Test Results Defendant s Motion in Limine to Exclude Evidence of Flight as Consciousness of Guilt Defendant s Motion in Limine to Exclude Evidence of Defendant s Refusal to Take Field Sobriety Tests Defendant s Motion in Limine to Exclude Guilty Plea of Accomplice Defendant s Motion in Limine to Exclude Hearsay Evidence at Probation Surrender Hearing Commonwealth of Criminal Record of Defendant Commonwealth of Motive Commonwealth of Outstanding Warrants Unrelated to Instant Case Commonwealth of Term Rape Kit Commonwealth of Term Sobriety to Describe Roadside Tests Commonwealth of Term Victim Commonwealth of Termination of Police Interview by Defendant Defendant s Motion in Limine to Exclude Police Radio Transmissions Defendant s Motion in Limine to Exclude Results of Horizontal Gaze Nystagmus Test Defendant s Motion in Limine to Exclude Results of One Leg Stand and Heel-to-Toe Field Sobriety Tests Defendant s Motion in Limine to Introduce Evidence of Similar Crimes Defendant s Motion in Limine to Limit Number of Fresh Complaint Witnesses Defendant s Motion in Limine to Limit Use of Death Certificate Defendant s Motion in Limine to Limit Use of Evidence to Demonstrative Purposes Only Defendant s Motion in Limine to Order Prosecutor to Instruct Witness Not to Testify as to Excluded Evidence Defendant s Motion in Limine to Order Prosecutor to Instruct Victim-Witness Advocate as to Courtroom Conduct Defendant s Motion in Limine to Permit Introduction of Sexual Conduct Evidence re Complainant Defendant s Motion in Limine to Permit Jury to Observe Defendant in an Unmedicated State Defendant s Motion in Limine to Photograph Chalks Made at Trial Defendant s Motion in Limine to Preclude Commonwealth from Impeaching Defendant s Credibility with Evidence of Prior Convictions Defendant s Motion in Limine to Preclude Commonwealth from Impeaching Witnesses Based upon Pre-Trial Silence Defendant s Motion in Limine to Preclude Commonwealth from Indicating Defendant s Status or Presence at Treatment facility Defendant s Motion in Limine to Preclude Commonwealth from Introducing Evidence of Objects Discovered in Defendant s Motor Vehicle - 4 -
Defendant s Motion in Limine to Preclude Commonwealth from Introducing Evidence of Threats to Commonwealth Witness Defendant s Motion in Limine Regarding Display of Exhibits during Opening Statement Defendant s Motion in Limine to Preclude Expert from Testifying as to Evidence Made Available to, or Saved for, Defendant for Purposes of Testing Evidence of Aliases Mug Shots Photographs of Victim Prior bad Acts of Defendant Weapon Seized But Not Actually Used Defendant s Motion in Limine to Preclude Police Officer from Sharing Prosecutor s Table Defendant s Motion in Limine to Preclude Police Officer from Testifying as Expert Witness Defendant s Motion in Limine to Preclude Police Officer from Testifying as Soft Expert Witness Defendant s Motion in Limine to Preclude Reading to Jury of Murder Indictment Section Defendant s Motion in Limine to Preclude Relative from Testifying Defendant s Motion in Limine to Preclude Testimony as Evidence of Fresh Complaint Defendant s Motion in Limine to Preclude Treating Therapist from Testifying as Expert Witness Defendant s Motion in Limine to Preclude Use of Criminal Record of Witness for Impeachment Purposes Defendant s Motion in Limine to Preclude Witness from Testifying as to Certainty of Identification Defendant s Motion in Limine to Preserve Rights and Objections to Court s Denial of Defendant s Motions Defendant s Motion in Limine to Qualify Expert Witness and to Determine Admissibility of Testimony Defendant s Motion in Limine to Reveal Terms of Plea Agreement between Prosecutor and Witness Defendant s Motion in Limine to Sanitize Defendant s Criminal Record Defendant s Motion in Limine to Sanitize Defendant s Criminal Record (Alternate Form) Defendant s Motion in Limine to Secure Attendance of Outof-State Witness Defendant s Motion in Limine to Secure Production of Outof-State Records by Means of Subpoena Duces Tecum Defendant s Motion in Limine to Sequester Jury Defendant s Motion in Limine to Sequester Witnesses Defendant s Motion in Limine to Strike Aliases from Indictment Defendant s Motion in Limine to Strike Name of Defendant from Chemist s Certificate Defendant s Motion in Limine to Strike Prejudicial Material from Commonwealth s Anticipated Exhibits Defendant s Motion in Limine to Limit Use of Evidence for Demonstrative Purposes Only MOTIONS TO CONTINUE Defendant s Motion for Continuance - General Defendant s Motion for Continuance Due to Pre-Trial Publicity Defendant s Motion for Continuance to Obtain Transcript of Prior Proceedings Defendant s Motion for Continuance to Obtain Transcript of Co-Defendant s Proceedings MOTIONS TO DISMISS Defendant s Motion to Dismiss Conspiracy Charge Pursuant to Wharton s Rule Defendant s Motion to Dismiss for Distorted Grand Jury Evidence Defendant s Motion to Dismiss for Failure by Commonwealth to Obey Court Order Defendant s Motion to Dismiss for Failure to Abide by Interstate Agreement on Detainers Defendant s Motion to Dismiss for Failure to Hold Show Cause Hearing Defendant s Motion to Dismiss for Failure to Issue Governor s Warrant Defendant s Motion to Dismiss for Failure to Provide Discovery (District Court) Defendant s Motion to Advance and Continue Trial (District Court) Defendant s Motion to Stay Court Proceedings - General Defendant s Motion to Stay Court Proceedings and for Leave to Appeal Findings of Trial Court Defendant s Objection to Continuance Defendant s Motion to Dismiss for Failure to Provide Discovery (Superior Court) Defendant s Motion to Dismiss for False Grand Jury Testimony Defendant s Motion to Dismiss for Insufficient Grand Jury Evidence Defendant s Motion to Dismiss for Lack of Probable Cause Defendant s Motion to Dismiss for Pre-Indictment Delay Defendant s Motion to Dismiss for Pre-Trial Delay Defendant s Motion to Dismiss for Violation of Speedy Trial Requirement Defendant s Motion to Dismiss for Violation of Speedy Trial Requirement for Defendant Incarcerated within Commonwealth - 5 -
Defendant s Motion to Dismiss for Violation of Speedy Trial Requirement for Defendant Incarcerated without Commonwealth Jeopardy - General Jeopardy by Means of Collateral Estoppel Jeopardy by Means of Mistrial - Denial of Fair Trial Jeopardy by Means of Mistrial - Insufficient Evidence Jeopardy by Means of Multiplicitous Charges Jeopardy by Means of Prior Administrative or Civil Punishment Defendant s Motion to Dismiss on Grounds of Improperly Conducted Probable Cause Hearing Defendant s Motion to Dismiss on Grounds of Lack of Venue Defendant s Motion to Dismiss on Grounds of Lost or Destroyed Evidence Defendant s Motion to Dismiss on Grounds of Police Misconduct Defendant s Motion to Dismiss on Grounds of Refiled Charges Defendant s Motion to Dismiss on Grounds of Statute of Limitations Defendant s Motion to Dismiss on Grounds of Vagueness of Statute MOTIONS TO SUPPRESS Defendant s Application for Leave to Appeal Denial of Defendant s Motion to Suppress Evidence (SJC) Defendant s Motion for Costs and Fees re Appeal (Appeals Court) Defendant s Motion for Court to Report Question of Law Defendant s Motion for Reconsideration of Defendant s Motion to Suppress Defendant s Motion for Return of Property Defendant s Motion for View in Contemplation of Motion to Suppress Defendant s Motion to Adopt and Join in Motion of Co- Defendant to Suppress Evidence Defendant s Motion to Amend Defendant s Motion to Suppress Defendant s Motion to File Late Defendant s Motion to Suppress Defendant s Motion to Renew Defendant s Motion to Suppress Defendant s Motion to Stay Proceedings Pending Appeal Defendant s Motion to Suppress Evidence - Probable Cause and Reliability of Informant Defendant s Motion to Suppress Evidence as Violative of Plain Feel Doctrine Defendant s Motion to Suppress Evidence Obtained from Wiretap Information Defendant s Motion to Suppress Evidence - Delay in Arraigning Defendant Defendant s Motion to Suppress Evidence - Impermissible Impoundment of Motor Vehicle Defendant s Motion to Suppress Evidence - Invalid Search Warrant Defendant s Motion to Suppress Evidence - Misrepresentations in Affidavit (Franks) Defendant s Motion to Suppress Evidence - Motor Vehicle Stop (Operator) Defendant s Motion to Suppress Evidence - Motor Vehicle Stop (Passenger) Defendant s Motion to Suppress Evidence - Motor Vehicle Stop (Pretextual Arrest) Defendant s Motion to Suppress Evidence - Pretextual Arrest Defendant s Motion to Suppress Evidence - Unlawful Seizure (with Warrant) Defendant s Motion to Suppress Evidence - Unlawful Stop Defendant s Motion to Suppress Evidence - Warrantless Seizure Defendant s Motion to Suppress Evidence - Warrantless Seizure with Valid Arrest Warrant Defendant s Motion to Suppress Identification by Means of Photograph Defendant s Motion to Suppress Identification by Means of Voice Defendant s Motion to Suppress Identification by Means of Impermissible Line-Up Defendant s Motion to Suppress Identification Due to Impermissible One-on-One Show-Up Defendant s Motion to Suppress Identification Made Out-of- Court Without Counsel Present Defendant s Motion to Suppress Identification (Alternate Form) Defendant s Motion to Suppress Statements Given While Under Influence of Drugs and Alcohol Defendant s Motion to Suppress Statements Made at Time of Booking Process Defendant s Motion to Suppress Statements Made Notwithstanding Miranda Warning Defendant s Motion to Suppress Statements - Failure to Issue Miranda Warning During Custodial Interrogation Defendant s Motion to Suppress Statements - Invalid Waiver of Miranda Defendant s Motion to Suppress Telephone Records Obtained Pursuant to M.G.L. c. 277, Sec. 17B Defendant s Motion to Suppress Testimony of Witness Defendant s Motion to Waive Filing Fee Defendant s Petition for Relief Pursuant to M.G.L. c. 211, Sec. 3-6 -
NOTARY Notary Jurat - Affidavit or Other Sworn or Affirmed Declaration Notary Jurat - Attorney-Principal Notary Jurat - Certified Copy Notary Jurat - Individual with Oath or Affirmation Notary Jurat - Individual without Oath or Affirmation Notary Jurat - Representative of Business Entity POST-TRIAL MOTIONS, NOTICES AND REQUESTS Defendant s Appeal from Registry Hearing re Loss of Driver s License Defendant s Attorney s Motion to Withdraw Defendant s Motion for Accounting of Property and Other Relief Defendant s Motion for Appointment of Appellate Counsel Defendant s Motion for Brief Stay to Permit Defendant to Get Affairs in Order Defendant s Motion for Defendant to Receive Credit for Jail Time Defendant s Motion for Evidentiary Hearing on Defendant s Motion for New Trial Defendant s Motion for Findings and Reasons Defendant s Motion for Findings and Reasons - Probation Revocation Proceedings Defendant s Motion for Loss of License to Run Concurrent with Prior Imposed Loss of License Defendant s Motion for New Trial Defendant s Motion for New Trial on Grounds of Inadequate Plea Colloquy Defendant s Motion for New Trial on Grounds of Ineffective Assistance of Counsel Defendant s Motion for Probation Department to Conduct Presentence Probation Report Defendant s Motion for Retrieval of Identifying Data Defendant s Motion for Return of Property - Motion to Suppress Defendant s Motion for Return of Property - Post Trial Defendant s Motion for Sentencing Evaluation Pursuant to M.G.L. c. 123, Sec. 15(e) Defendant s Motion to Admit or Refuse Hearsay at Revocation Hearing Defendant s Motion to Be Resentenced Defendant s Motion to Correct Clerk s Minutes and Issue New Mittimus Defendant s Motion to Dismiss Probation Surrender Defendant s Motion to Dismiss, Strike or Set Aside Prior Conviction Due to Unconstitutional Entry of Guilty Plea Defendant s Motion to File Appeal from Sentence Late Defendant s Motion to File Motion to Revise and Revoke Sentence Late Defendant s Motion to File Notice of Appeal Late Defendant s Motion to Inspect Pre-sentence Probation Report Defendant s Motion to Modify Terms of Probation Defendant s Motion to Preclude Victim Statement at Disposition Defendant s Motion to Report Case Defendant s Motion to Restore Driver s License Defendant s Motion to Revise and Revoke Sentence Defendant s Motion to Revise and Revoke Sentence (No Immediate Action to Be Taken) Defendant s Motion to Run Sentence Concurrently with Sentence from Other Jurisdiction Defendant s Motion to Seal Record of Defendant Defendant s Motion to Stay Revocation of License Defendant s Motion to Stay Sentence - Appeals Court Defendant s Motion to Stay Sentence - Trial Court Defendant s Motion to Waive Presence of Defendant Defendant s Notice of Appeal Defendant s Notice of Appeal from Sentence Defendant s Renewed Motion for Required Finding Following Discharge of Jury Defendant s Waiver of Preliminary Probation Surrender Hearing Defendant s Withdrawal of Appeal Sentencing Memorandum Special Conditions of Probation PRE-EMPANELMENT MOTIONS Defendant s Motion for Bifurcated or Sequential Trials Defendant s Motion for Immunity for Defense Witness Defendant s Motion for Individual Voir Dire of Prospective Jurors Defendant s Motion for Individual Voir Dire of Prospective Jurors to Be Conducted by Attorneys Defendant s Motion for Pre-Trial Diversion (District Court) Defendant s Motion for Pre-Trial Probation Defendant s Motion for Pre-Trial Probation (In Contemplation of Dismissal) Defendant s Motion for Pre-Trial Probation (Over Objection by Commonwealth) Defendant s Motion for Recusal of Judge Defendant s Motion for Severance on Grounds of Prejudicial Joinder of Co-Defendant Defendant s Motion for Severance on Grounds of Prejudicial Joinder of Indictments or Complaints Defendant s Motion to Conduct View by Jury Defendant s Motion to Continue Matter without Finding Defendant s Motion to Strike Jury Venire Defendant s Motion to Withdraw Plea Defendant s Objection to Commonwealth s Exercise of Peremptory Challenge Defendant s Renewed Motion for Individual Voir Dire of Prospective Jurors - 7 -
PRE-TRIAL MATTERS Defendant s Notice of Alibi Defense Defendant s Notice of Insanity Defense Defendant s Notice of Other Defense Defendant s Notice to Court of Assertion of Privilege Defendant s Proffer re Relevance of Records Defendant s Waiver of Counsel Defendant s Waiver of Extradition Notice of Appearance Notice of Appearance and Release Notice Prior to M.G.L. c. 276, Sec. 58A Hearing Petition for Review of Bail (District Court to Superior Court) Petition for Review of Bail (Superior Court to SJC) TRIAL MOTIONS Defendant s Motion for Court to Give Reasonable Doubt Instruction to Jury Last Defendant s Motion for Jury Instructions - General Defendant s Motion for Jury Instructions re Accident Defendant s Motion for Jury Instructions re Alcohol or Drug Intoxication Defendant s Motion for Jury Instructions re Consciousness of Guilt Defendant s Motion for Jury Instructions re Consequences of Not Guilty by Reason of Insanity Verdict Defendant s Motion for Jury Instructions re Failure to Call Witness Defendant s Motion for Jury Instructions re Failure to Perform Test Defendant s Motion for Jury Instructions re Failure to Record Statement Defendant s Motion for Jury Instructions re Identification Defendant s Motion for Jury Instructions re Inference of Insanity Defendant s Motion for Jury Instructions re Insanity Defendant s Motion for Jury Instructions re Joint Enterprise Defendant s Motion for Jury Instructions re Mere Presence at Crime Scene Defendant s Motion for Jury Instructions re Murder Defendant s Motion for Jury Instructions re Plea Agreement as to Commonwealth Witness Defendant s Motion for Jury Instructions re Promises, Rewards, Inducements and Threats as to Commonwealth Witness Defendant s Motion for Jury Instructions re Prior Conviction Defendant s Motion for Jury Instructions re Prior Inconsistent Statement(s) Defendant s Motion for Jury Instructions re Rape or Sexual Assault Defendant s Motion for Jury Instructions re Reputation or Character Evidence Defendant s Motion for Jury Instructions re Instructions on Self-Defense Defendant s Motion for Jury Instructions re Stipulations Made between Commonwealth and Defendant Defendant s Motion for Jury Instructions re Uncharged Misconduct Defendant s Motion for Mistrial (Following Close of All Evidence) (Following Close of Commonwealth s Case) (Following Commonwealth s Opening Statement) (Lesser Included Offense) (Speculation) Defendant s Motion for Sanctions Against Commonwealth for Failure to Provide Discovery (During Trial) Defendant s Motion that Consciousness of Guilt Instruction Not Be Given Defendant s Motion to Declare Hung Jury Defendant s Motion to Modify Jury Instruction (OUI) Defendant s Motion to Poll Jury Defendant s Motion to Waive Presence of Defendant Defendant s Proposed Findings of Fact and Rulings of Law - General - 8 -