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March 28, 2024 Rain | 46°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 6: Hearing

Section 6. (a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party's presence at the hearing.

(b) The judge who conducted the trial or accepted the moving party's plea of guilty or nolo contendere in the underlying case shall conduct the hearing if possible.