Massachusetts Motion for Psychiatric Examination of Defendant

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US-00802
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This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.

The Massachusetts Motion for Psychiatric Examination of Defendant is a legal document that can be filed by the prosecution or defense in a criminal case in Massachusetts. This motion requests the court to order a psychiatric examination of the defendant in order to assess their mental state, competency, or sanity at the time of the alleged offense. The purpose of this motion is to gather evidence pertaining to the defendant's mental health condition which may aid in establishing their mental capacity or state of mind during the commission of the crime. The examination is conducted by a qualified psychiatrist or psychologist who evaluates the defendant's mental health, potential psychiatric disorders, cognitive impairments, or other psychological factors that may have influenced their behavior. By filing this motion, the party requesting the examination seeks to present evidence that may support a defense strategy, such as an insanity defense or diminished capacity. On the other hand, the prosecution may file this motion to challenge a claim made by the defense regarding the defendant's mental state. There are different variations of the Massachusetts Motion for Psychiatric Examination of Defendant, including: 1. Competency Examination: This motion seeks a psychiatric examination to determine if the defendant is competent to stand trial. Competency refers to the defendant's ability to understand the charges against them, comprehend the nature of the legal proceedings, and effectively assist in their own defense. 2. Insanity Examination: This type of motion requests a psychiatric evaluation to determine if the defendant was legally insane at the time of the offense. It aims to establish whether the defendant had a mental illness that prevented them from understanding the wrongfulness of their actions or conforming their behavior to the law's requirements. 3. Diminished Capacity Examination: This motion pertains to cases where the defense claims that the defendant's mental state affected their ability to possess the requisite intent or mental state for the alleged crime. The examination aims to provide evidence that the defendant's mental condition significantly impaired their ability to form the necessary intent. The Massachusetts Motion for Psychiatric Examination of Defendant is a crucial legal tool used to explore and present evidence related to a defendant's mental health in a criminal case. The results of the examination can have a substantial impact on the outcome of the trial, potentially influencing the charges, defenses, or sentencing considerations.

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(a) Order for examination The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

Petition to the court- any police officer, physician, SPOUSE, BLOOD RELATIVE, GUARDIAN or COURT Official who is reasonably believes that a person is an alcohol or substance abuser may petition the District Court for a section 35 to commit that person to up to 30 days.

When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination ...

The rule requires that the defendant make available to the Commonwealth's examiner, within 14 days of the examiner's appointment, three categories of information: (a) the defendant's mental-health records, broadly defined, that are possessed by defense counsel, (b) the defendant's medical records that are possessed by ...

Section 35A: Right of residential real property mortgagor to cure a default; notice required to accelerate maturity of balance; contents of notice; late fees; filing.

Massachusetts General Laws Chapter 123, sec 35 permits the courts to involuntarily commit someone who has an alcohol or substance use disorder and there is a likelihood of serious harm as a result of his/her alcohol or substance use.

A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...

Rule 23 is intended to fill a gap in the Rules of Criminal Procedure identified by the Supreme Judicial Court in Commonwealth v. Ortiz, 466 Mass. 475 (2013). The rule provides for the manner in which stipulations of fact agreed to by the parties before or during trial are to be memorialized and used at trial.

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Sep 1, 2023 — (a) Order for examination ... The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all ... (a) Order for examination ... The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall ...(c) At the conclusion of the examination or the observation period, the examining physician or psychologist shall forthwith give to the court written signed ... 1981) (assessment of competency must consider gravity of particular decision). For a complete discussion of the issue of accepting a guilty plea on behalf of an ... A report of the examination is sealed and submitted to the judge and may be released in three circumstances: (a) if the judge determines that it contains no ... (ii) No statement, confession, or admission, or other evidence of or obtained from the defendant during the course of the examination, except evidence derived ... Jan 17, 2020 — In determining whether the defendant is competent to stand trial, the court must determine "whether [the defendant] has sufficient present ... ... the defendant shall file a motion pursuant to Mass R. Crim. P. 17(a)(2), stating the name and address of the custodian of the records (record holder); the. Oct 7, 2005 — "The examiner shall file with the court a written psychiatric report which shall contain his findings, including specific statements of the ... Oct 1, 2007 — Mental Impairment. A trial court judge, in granting a criminal defendant's supplemental motion to suppress evidence of statements that she ...

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Massachusetts Motion for Psychiatric Examination of Defendant