A Clearer Road to Ethical Criminal Discovery Procedures
Document Type
Article
Publication Title
Boston Bar Journal
Abstract
Recent amendments to Rule 14 of the Massachusetts Rules of Criminal Procedure (MRCP), effective March 1, 2025, clarify “the prosecutor's absolute duty to disclose exculpatory evidence in a timely manner.” Committee for Public Counsel Services [(CPCS)] v. Attorney General, 480 Mass. 700, 705 (2018). The title of Rule 14 has been changed from “Pretrial Discovery” to “Pretrial Discovery from the Prosecution,” and the rule now focuses exclusively on delineating the material subject to mandatory disclosure under the Rule’s automatic discovery provisions and Brady v. Maryland, 373 U.S. 83 (1963). All other components of the former Rule 14 have been reorganized into new rules Rule 14.1 (Reciprocal Discovery from the Defense), Rule 14.2 (Discovery Procedures), Rule 14.3 (Discovery of Affirmative Defenses; Self Defense and First Aggressor) and Rule 14.4 (Discovery of Mental Health Issues). A few substantive changes were made to those provisions, including to the obligations of defense counsel.
The revisions to Rule 14 will ensure consistency and clarity by codifying the existing common law and emphasizing the prosecution’s expansive disclosure obligations. Additionally, they encourage judicial oversight by providing judges with the power to “inquire of the prosecutor what actions were taken to achieve compliance with this rule.” See MRCP 14(a)(2)(E) (2025 ed.). This article summarizes the most significant alterations and offers guidance about what is expected of the parties. Also provided is a detailed checklist of these expectations.
Publication Date
2-25-2025
Recommended Citation
Michelle Menken & Christina E. Miller, A Clearer Road to Ethical Criminal Discovery Procedures, 69 Boston Bar J. (February 25, 2025).
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