Massachusetts General Laws
Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis
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.

Structure Massachusetts General Laws

Massachusetts General Laws

Part IV - Crimes, Punishments and Proceedings in Criminal Cases

Title II - Proceedings in Criminal Cases

Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis

Section 1 - Definitions

Section 2 - Conditions for Filing Motion for Forensic or Scientific Analysis; Affect of Chapter Upon Analysis Under Other Circumstances

Section 3 - Filing of Motion; Contents; Motion for Discovery; Affidavit of Factual Innocence; Expeditious Review of Motion

Section 4 - Jurisdiction Over Motion; Service of Motion; Response by Prosecuting Attorney

Section 5 - Appointed Counsel

Section 6 - Hearing

Section 7 - Findings of Fact and Conclusions of Law; Criteria for Allowing Requested Analysis; Orders for Discovery

Section 8 - Conditions of Analysis; Selection of Forensic Service Provider; Equal Access to Personnel and Information; Retention of Material Evidence to Allow for Replicate Analysis; Cooperation With Laboratory by Moving Party

Section 9 - Time for Performing Analysis

Section 10 - Cost of Analysis

Section 11 - Effect of Proceedings on Terms of Sentence Imposed

Section 12 - Disclosure of Analysis Results; Orders to Produce Data, Documents and Notes

Section 13 - Additional Analysis Ordered Upon Inconclusive Findings

Section 14 - Victim Notification

Section 15 - Waiver of Right to File Motion Prohibited

Section 16 - Retention and Preservation of Evidence or Biological Material by Governmental Entities; Regulations

Section 17 - Civil or Criminal Liability of Governmental Officials; Willful or Wanton Misconduct or Gross Negligence by Governmental Entities Resulting in Deterioration or Destruction of Evidence; Damages

Section 18 - Appeals