Section 6. (a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party's presence at the hearing.
(b) The judge who conducted the trial or accepted the moving party's plea of guilty or nolo contendere in the underlying case shall conduct the hearing if possible.
Structure 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 4 - Jurisdiction Over Motion; Service of Motion; Response by Prosecuting Attorney
Section 9 - Time for Performing 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