PUBLIC INFORMATION OFFICE
SUPREME JUDICIAL COURT
John Adams Courthouse
One Pemberton Square
Boston, Massachusetts 02108
CONTACT:
Jennifer Donahue/Erika Gully-Santiago
[email protected]
FOR IMMEDIATE RELEASE
December 2, 2024
Supreme Judicial Court Approves New Rules on Criminal Pretrial Discovery
BOSTON, MA – The Supreme Judicial Court has issued an Order approving the first comprehensive revisions to the rules governing criminal pretrial discovery since 2004. Specifically, the Order approves the replacement of existing Rule 14 of the Rules of Criminal Procedure with new Rules 14, 14.1, 14.2, 14.3, and 14.4.
New Rule 14, Pretrial Discovery from the Prosecution, responds to the court’s request in Committee for Public Counsel Services v. Attorney General, 480 Mass. 700 (2018), that the Standing Advisory Committee on the Rules of Criminal Procedure (SAC) provide more detailed guidance to prosecutors by drafting a checklist identifying the most likely sources and types of information subject to disclosure under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Instead of referring to “exculpatory” items or information, the new rule uses the more modern and simpler reference to items or information “favorable to the defense.” It also provides a non-exhaustive list of examples of items and information favorable to the defense, as well as changes to procedures for mandatory disclosure to the defense.
Meanwhile, the remaining discovery provisions of prior Rule 14 have been reorganized in Rules 14.1, Pretrial Reciprocal Discovery from the Defense; 14.2, Pretrial Discovery Procedures; 14.3, Pretrial Discovery of Affirmative Defense; Self Defense and First Aggressor, and 14.4, Pretrial Discovery of Mental Health Issues.
The court thanks the SAC, chaired by Superior Court Associate Justice Beverly Cannone, for its many years of work on the amendments. The current and former members of the committee who worked on the project are identified below. The court also commends the Reporter for the Massachusetts Rules of Criminal Procedure, Professor David Siegel, for the extensive notes he prepared regarding the new rules.
Rules 14, 14.1, 14.2, 14.3, and 14.4 take effect on March 1, 2025, to allow judges, prosecutors, and the defense bar to become familiar with the new pretrial discovery requirements and procedures.
Standing Advisory Committee on the Rules of Criminal Procedure*
Hon. Beverly Cannone, Associate Justice, Superior Court
Cailin Campbell, Assistant District Attorney, Plymouth and Suffolk Counties
Paul Caccaviello, Assistant District Attorney, Hampden County
Andrew Crespo, Professor, Harvard Law School
Edward Curley, First Assistant Clerk, Suffolk Superior Criminal
David Deakin, Assistant Attorney General
Hon. Joseph Ditkoff, Associate Justice, Appeals Court
Hon. Stacey Fortes, Associate Justice, District Court
Julie Goldman, Assistant Clerk, Appeals Court
Marguerite Grant, Assistant District Attorney, Norfolk County
Christine Kiggen, Assistant District Attorney, Plymouth County
Hon. Kenneth King, Associate Justice, Juvenile Court
David Kravitz, Assistant Attorney General, Office of the Attorney General
Katherine McMahon, Assistant District Attorney, Hampden County
Sandra Odiaga, Attorney, Committee for Public Counsel Services
Anthony Owens, Clerk Magistrate, Dorchester District Court
Luke Ryan, Attorney, Northampton, MA
Hon. Matthew Shea, Associate Justice, District Court
Michael Sullivan, Clerk, Middlesex County Superior Court
Anne Thomas, Assistant Clerk, Appeals Court
Hon. Robert Ullmann, Associate Justice, Superior Court
Carol Vittorioso, Clerk Magistrate, Fitchburg District Court
Hon. David Weingarten, Associate Justice, Boston Municipal Court
Reporter, David Siegel, Professor, New England Law
* Titles reflect the position the member held at the time of service on the committee.
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