Trial readiness hearings for criminal cases in Massachusetts district courts take place about two weeks before the trial date. (However, when and even how these hearings are conducted can vary significantly from court to court.)
As its name suggests, the primary purpose of the trial readiness hearing is to determine whether both the defendant and the prosecutor are prepared to take the case to trial on the assigned date.
Prior to or on the day of the hearing, both sides need to complete a “trial readiness report” and submit it to the judge for approval.
A sample of this report (form SDC2021v1) is attached below:
The form requires the parties to answer basic questions regarding the status of the case. For example, are both sides ready for trial? If not, what is causing the delay? Are there motions in limine that the court should rule on before the trial date?
In addition to questions regarding the overall status of the case, the defense counsel and the prosecutor must give the court some basic logistical information. How long will the trial be? Will it be a jury trial or a bench trial? How many witnesses will testify? Is an interpreter necessary? What sort of tangible or digital evidence will be presented?
Additionally, defendants should anticipate receiving a number of documents from the prosecutor at the trial readiness hearing. These documents will likely include
(1) a motion to admit an in-court identification of the defendant at trial;
(2) a list of the prosecutor’s evidence; and
(3) a list of the prosecutor’s witnesses.