Massachusetts Motion for Psychiatric Examination of Defendant

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Multi-State
Control #:
US-00802
Format:
Word; 
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Description

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.
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FAQ

(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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Massachusetts Motion for Psychiatric Examination of Defendant