Beyond The Horizon
Karen Read Court Documents: Massachusetts Rule of Criminal Procedure 17 Ruling (4/28/24)
Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:
- Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.
- Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.
- Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.
- Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.
- Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.
- Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.
- Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.
- Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.
- Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.
- Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.
In this episode, we get a look at the order denying the Mass R. Crim. P. 17 request made by Karen Read.
(commercial at 7:36)
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source:
PDF.COMMONWEALTH - Google Drive
- Broadcast on:
- 28 Apr 2024