Free Protective Order for Prosecuting Attorney - Massachusetts

PROTECTIVE ORDER FOR PROSECUTING ATTORNEY

DOCKET NO.

Trial Court of Massachusetts

CASE NAME

Commonwealth v. It is hereby ORDERED that the prosecutor who has signed this protective order and filed it with the Clerk of Court in the above-captioned case be provided access to presumptively privileged records subject to the following terms and conditions: 1. The prosecutor shall have access to presumptively privileged records solely in his or her capacity as an officer of the Court. The prosecutor shall review any presumptively privileged records in the Clerk's office, or a space within the courthouse designated by the Clerk, during regular business hours under arrangements to be made with the Clerk. 2. The prosecutor shall not copy, and shall not directly or indirectly disclose, disseminate, or otherwise make available to any person, any of the presumptively privileged records, any portion thereof, or any of their contents without prior application to and an order of the Court. 3. The prosecutor may read and make notes concerning the presumptively privileged records. Any such notes shall be governed by this Protective Order. 4. Presumptively privileged records reviewed pursuant to this Protective Order shall not be used for any purpose other than the prosecution of the above-captioned case. 5. If the prosecutor believes that copying or disclosure of any presumptively privileged records, or portions thereof, is necessary to prepare this case for trial, he or she may file a motion to modify this Protective Order to permit copying of records or disclosure to specifically identified individuals. The motion shall be accompanied by an affidavit, and notice shall be provided to all parties. If the Court enters an order vacating or modifying any term of this Protective Order, counsel shall then be bound by the terms of that Court order. 6. At the conclusion of the trial, direct appeal, or other disposition of the above-captioned case, the signatory shall deliver to the Clerk of Court, under seal, any and all copies of any records produced pursuant to any modified protective order or any other order of the Court. Notwithstanding the entry of any order terminating the case, this Protective Order shall remain in effect unless terminated by entry of a Court order. 7. The prohibitions against disclosure shall not apply to communications made under the following circumstances: (a) communications with any victim-witness advocate working with the prosecuting attorney in this matter; (b) communications with other prosecuting attorneys, provided that such communications are for the purpose of consultation in this matter; or (c) communications with counsel's support staff, operating under counsel's direction, for the purpose of preparing pleadings and other documents in this matter.
AOTC. 12/2007

In making any of the above communications authorized by subparagraph (b) and (c), counsel shall, insofar as possible, use a pseudonym in place of the true name of the person protected by the privilege. Counsel will instruct any person receiving a communication pursuant to paragraph 7 of the court-ordered confidentiality of the material disclosed. The Court and any counsel shall report any violation of this order to the Board of Bar Overseers. Violations may also be reported to the Court and/or Board of Bar Overseers by the privilege holder, the keeper of records, and any other person who believes, in good faith, that the terms of this Order have been violated. By the Court, ( Entered:
X

, J.)

Signature of Justice

CERTIFICATION BY COUNSEL I agree to be bound by the terms of this Protective Order. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY. Date: BBO. No.: Signature of Counsel: x Printed Name and Address of Counsel:

AOTC. 12/2007