Free Notice of a Heaqring Regarding the Release of Records - Massachusetts

NOTICE OF A HEARING REGARDING THE RELEASE OF RECORDS
CASE NAME

DOCKET NO.

Trial Court of Massachusetts

Commonwealth v.
NOTICE IS ISSUED TO: COURT NAME & ADDRESS

third-party subject

keeper of records 1

NOTICE OF A HEARING REGARDING THE RELEASE OF RECORDS To:
name of third-party subject name of keeper of records

address 1

address 1

address 2

address 2

city, state, zip code

city, state, zip code

The defendant in this case has filed a motion with the Court to be allowed to inspect the records of

for the dates from
(third-party subject)

to
(date range)

made by
(name and professional title of caregiver or other person/entity that created the records, if known)

.

that are being held by
(name and address of keeper of records)

For use in criminal, youthful offender, or delinquency cases whenever a defendant seeks pretrial inspection of a third party's records that are likely to be covered by a statutory privilege. Use a separate form for each keeper of records and each third-party subject.
1 AOTC 12/2007

THE COURT HAS ORDERED THE PROSECUTING ATTORNEY'S OFFICE TO NOTIFY YOU THAT A HEARING ON THE ATTACHED MOTION HAS BEEN SCHEDULED FOR in Courtroom
(date and time)

of the

Courthouse,

which is located at:

.

At the hearing, the judge will decide if the records are privileged and if they are relevant to the case against the defendant. Under the law, certain records (e.g., psychiatric or other counseling records) may be confidential, or "privileged." The purpose of the hearing is to determine whether the judge will order the records to be sent to Court for the defendant's lawyer to inspect. If the judge allows the defendant's motion, the Court will make privileged records available only to defense counsel, pending further order of the Court, except for limited disclosures to support staff and to other attorneys for purposes of consultation as described in the Protective Order that counsel will be required to sign before reviewing the records. If the records are privileged under the law, the Court will assume that you do not wish to give up (waive) any privilege at this time, unless you provide (or have provided) a written waiver before or at the hearing. Your absence from the hearing will not constitute a waiver of any privilege you may have under the law. You have the right to attend the hearing. You can take part in the hearing yourself or you may (but need not) obtain a lawyer to represent you. Victims have the right to talk to the prosecuting attorney before the hearing. THIS HEARING WILL BE YOUR ONLY OPPORTUNITY TO ADDRESS THE COURT REGARDING THE RELEASE OF THESE RECORDS.

date

signature of Assistant District Attorney/Assistant Attorney General

If you have any questions about this notice, you may contact
(name of prosecutor or advocate)

at
(name of prosecuting office)

at telephone number

.

AOTC 12/2007