Karen Read Court Documents: The States Memorandum Pursuant To Defendants Rule 17 Motion (Part 2) (4/27/24)

Beyond The Horizon

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.
6. 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.
7. 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.
8. Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.
9. 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.
10. Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.

Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.
As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.
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