A criminal defendant in Massachusetts must provide written notice to both the prosecution and the court if he intends to assert that (1) he acted in self defense and (2) the alleged victim was the first aggressor.
According to Rule 14(b)(4)(A) of the Massachusetts Rules of Criminal Procedure,
If a defendant intends to raise a claim of self defense and to introduce evidence of the alleged victim’s specific acts of violence to support an allegation that he or she was the first aggressor, the defendant shall…notify the prosecutor in writing of such intention.
The defendant must notify the prosecution no later than 21 days after the pretrial hearing. Notice may be provide later if, in the judge’s discretion, there is good cause for the late filing.
The notice must include,
- a description of the facts which form the basis of the defendant’s claims;
- the dates and the locations that apply to the alleged facts; and
- the name, address, and date of birth for any witness who will testify to the facts.
Finally, Rule 14 requires the defendant to file a copy of the notice with the court’s clerk.