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November 22, 2024 Clouds | 49°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 4: Jurisdiction over motion; service of motion; response by prosecuting attorney

Section 4. (a) The moving party shall file a motion under section 3 with the court that adjudicated the underlying case and shall serve a copy of the motion on the prosecuting attorney.

(b) If the motion is not dismissed by the court under subsection (e) of section 3, the prosecuting attorney shall file a response with the court within 60 days after the date upon which the court issues notice under said subsection (e) of said section 3, and shall simultaneously serve the response on the moving party. The prosecuting attorney may request additional time in which to file the response, which the court may grant for good cause shown.

(c) The prosecuting attorney's response shall include any specific legal or factual objections that the prosecuting attorney has to the requested analysis.