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ch 276 §58

ch 276 §58A

ch 276 §58B

ch 123 §12

ch 123 §15

ch 123 §35

ch 111e §10

ch 276 §29

ch 276 §19

ch 277 §70C

SJC R 3:10

Title and Copyright Pages

No. 0001. Revised Jan 2009

Introduction by Chief Justice Lynda M. Connolly

No. 0002. Revised Jan 2009

Table of Contents

No. 0003. Revised May 2011

Drafting a Plain Language Jury Instruction

No. 0004. Revised Jan 2009

Chart of Required Jury Instructions

No. 0005. Revised Jan 2009

Preliminary Instruction to Jury Before Trial

No. 1.120. Revised May 2011

Alternate Preliminary Instruction to Jury Before Trial

No. 1.140. Revised 1989

Notetaking by Jurors

No. 1.160. Revised 1988

Questions to Witnesses from Jurors

No. 1.180. Revised Jan 2009

Recordation of Proceedings

No. 1.200. Revised Jan 2009

Lengthy Bench or Lobby Conferences

No. 1.220. Revised 1988

Separation of the Jury

No. 1.240. Revised 1988

Extraneous Publicity

No. 1.260. Revised 1988

Before a View

No. 1.280. Revised Jun 1995

Multiple Defendants; Evidence Admitted Against One Defendant Only

No. 1.300. Revised 1988

Withdrawn Case Against Codefendant; Withdrawn Charges Against Defendant; Defendant’s Absence Midtrial

No. 1.320. Revised Jan 2009

Function of the Judge

No. 2.100. Revised 1988

Function of the Jury

No. 2.120. Revised Jan 2009

Function of Counsel

No. 2.140. Revised 1988

Presumption of Innocence; Burden of Proof; Unanimity

No. 2.160. Revised 1988

Reasonable Doubt

No. 2.180. Revised Jun 1995

Reasonable Doubt (Alternate Charge)

No. 2.200. Revised Jun 1995

What Is Evidence; Stipulations; Judicial Notice

No. 2.220. Revised 1988

Direct and Circumstantial Evidence

No. 2.240. Revised Jun 1995

Credibility of Witnesses

No. 2.260. Revised Jan 2009

Lesser Included Offenses

No. 2.280. Revised 1988

Multiple Charges

No. 2.300. Revised 1988

Multiple Incidents or Theories in One Count (Specific Unanimity)

No. 2.320. Revised Jan 2009

Joint Representation

No. 2.340. Revised 1988

Pro Se Defendant; Discharge of Counsel

No. 2.380. Revised 1988

Announced Witness Does Not Testify

No. 2.400. Revised 1988

Reducing and Sending Out the Jury

No. 2.420. Revised Jan 2009

Before and After Supplemental Instructions

No. 2.440. Revised 1988

When Jurors Cannot Agree

No. 2.460. Revised 1989

Seating of Alternate Juror

No. 2.480. Revised 1988

Taking the Verdict and Discharging the Jury

No. 2.500. Revised Jun 1995

Imposing Sentence

No. 2.520. Revised Jan 2009

[Chart of Potential Money Assessments]

No. 2.521. Revised Jan 2009

Subsequent Offense (G.L. c. 278, § 11A)

No. 2.540. Revised May 2011

[One-Prior-Offense Verdict Slip]

No. 2.541. Revised Jan 2009

[Several-Prior-Offenses Verdict Slip]

No. 2.542. Revised Jan 2009

Inferences

No. 3.100. Revised 1988

Intent

No. 3.120. Revised 1988

Knowledge

No. 3.140. Revised 1988

License or Authority (G.L. c. 278, § 7)

No. 3.160. Revised 1988

Negligence

No. 3.180. Revised 1988

Operation of a Motor Vehicle

No. 3.200. Revised 1989

Possession

No. 3.220. Revised Jan 2009

Presumption

No. 3.240. Revised 1988

Prima Facie Evidence

No. 3.260. Revised 1989

Public Way (G.L. c. 90, § 1)

No. 3.280. Revised Jun 1995

Absent Witness

No. 3.500. Revised Jan 2009

Admission by Silence

No. 3.520. Revised 1988

Child Witness

No. 3.540. Revised Jun 1995

Confessions and Admissions (Humane Practice)

No. 3.560. Revised Jun 2005

Consciousness of Guilt

No. 3.580. Revised 1989

Defendant Does Not Testify

No. 3.600. Revised Jan 2009

Excluded Question; Stricken Evidence

No. 3.620. Revised 1988

Expert Witness

No. 3.640. Revised Jan 2009

First Complaint

No. 3.660. Revised Oct 2005

Impeachment by Prior Conviction of a Crime (G.L. c. 233, § 21)

No. 3.680. Revised 1988

Impeachment by Prior Inconsistent Statement; Rehabilitation by Prior Consistent Statement

No. 3.700. Revised 1989

Mug Shots

No. 3.720. Revised 1988

Omissions in Police Investigations

No. 3.740. Revised Jun 2005

Other Bad Acts by Defendant

No. 3.760. Revised 1988

Prior Trial

No. 3.780. Revised 1988

Reputation of Defendant

No. 3.800. Revised 1989

Unrecorded Custodial Interrogation

No. 3.820. Revised Jun 2005

Accessory Before the Fact (G.L. c. 274, § 2)

No. 4.100. Revised 1988

Attempt (G.L. c. 274, § 6)

No. 4.120. Revised 1988

Compounding or Concealing a Felony (G.L. c. 268, § 36)

No. 4.140. Revised 1988

Conspiracy (G.L. c. 274, § 7)

No. 4.160. Revised 1989

Corporate Criminal Responsibility

No. 4.180. Revised 1988

Aiding or Abetting

No. 4.200. Revised May 2011

Attaching Wrong Plates to Conceal Identity (G.L. c. 90, § 23)

No. 5.100. Revised 1988

False Statement in License Application (G.L. c. 90, § 24 [2][a])

No. 5.120. Revised 1988

Homicide by a Motor Vehicle (Felony) (G.L. c. 90, § 24G [a])

No. 5.140. Revised Jan 2009

Homicide by a Motor Vehicle (Misdemeanor) (G.L. c. 90, § 24G [b])

No. 5.160. Revised Jan 2009

Leaving the Scene of an Accident (G.L. c. 90, §§ 24 [2][a] or [a½])

No. 5.180. Revised May 2011

Operating After Suspension or Revocation of License (G.L. c. 90, § 23)

No. 5.200. Revised 1989

Operating an Uninsured Motor Vehicle (G.L. c. 90, § 34J)

No. 5.220. Revised Jan 2009

Operating Negligently So As to Endanger (G.L. c. 90, § 24 [2][a])

No. 5.240. Revised Jan 2009

Operating Recklessly (G.L. c. 90, § 24 [2][a])

No. 5.260. Revised Jan 2009

Operating Under the Influence of Liquor or with .08% Blood Alcohol (G.L. c. 90, § 24 [1])

No. 5.300. Revised May 2011

[Verdict Slip] Operating Under the Influence of Liquor or with .08% Blood Alcohol (G.L. c. 90, § 24 [1])

No. 5.301. Revised Jun 2008

Operating Under the Influence of Drugs (G.L. c. 90, § 24 [1])

No. 5.400. Revised 1989

Operating Under the Influence Causing Serious Injury (G.L. c. 90, § 24L)

No. 5.500. Revised 1988

[Verdict Slip] Operating Under the Influence Causing Serious Injury (G.L. c. 90, § 24L)

No. 5.501. Revised 1988

Operating Without Being Licensed (G.L. c. 90, § 10)

No. 5.600. Revised 1988

Refusal to Obey Police Officer (G.L. c. 90, § 25)

No. 5.620. Revised 1988

Road Racing (G.L. c. 90, § 24 [2][a])

No. 5.640. Revised 1988

Use of Vehicle Without Authority (G.L. c. 90, § 24 [2][a])

No. 5.660. Revised 1988

Affray (G.L. c. 277, § 39)

No. 6.100. Revised 1988

Assault (G.L. c. 265, § 13A[a])

No. 6.120. Revised Jul 1997

[Verdict Slip] Assault (G.L. c. 265, § 13A[a])

No. 6.121. Revised May 2011

Assault and Battery (G.L. c. 265, § 13A [a])

No. 6.140. Revised Jul 1997

[Verdict Slip] Assault and Battery (G.L. c. 265, § 13A [a])

No. 6.141. Revised Jul 1997

Assault and Battery Causing Serious Injury (G.L. c. 265, § 13A [b][i])

No. 6.160. Revised Jun 2005

Assault and Battery on a Person Protected by an Abuse Prevention Order (G.L. c. 265, § 13A [b][iii])

No. 6.180. Revised Jun 2005

Assault and Battery on a Pregnant Woman (G.L. c. 265, § 13A [b][ii])

No. 6.200. Revised Jun 2005

Assault and Battery on a Police Officer or Public Employee (G.L. c. 265, § 13D)

No. 6.210. Revised May 2011

Assault and Battery on a Child under 14 Causing Bodily Injury (G.L. c. 265, § 13J [b][par. 1])

No. 6.220. Revised May 2011

Wantonly or Recklessly Permitting Bodily Injury to a Child under 14 (G.L. c. 265, § 13J [b][par. 3][first part])

No. 6.230. Revised May 2011

Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child under 14 Causing Bodily Injury (G.L. c. 265, § 13J [b][par. 3][second part])

No. 6.240. Revised May 2011

Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child under 14 (G.L. c. 265, § 13J [b][par. 4][first part])

No. 6.250. Revised May 2011

Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child under 14 Causing Substantial Bodily Injury (G.L. c. 265, § 13J [b][par. 4][second part])

No. 6.260. Revised May 2011

Assault and Battery by Means of a Dangerous Weapon (G.L. c. 265, § 15A[b])

No. 6.300. Revised Jul 1997

[Verdict Slip] Assault and Battery by Means of a Dangerous Weapon (G.L. c. 265, § 15A[b])

No. 6.301. Revised Jul 1997

ABDW Causing Serious Injury (G.L. c. 265, § 15A [c][i])

No. 6.320. Revised Jun 2005

ABDW on a Child under 14 (G.L. c. 265, § 15A [c][iv])

No. 6.340. Revised Jun 2005

ABDW on a Person Protected by an Abuse Prevention Order (G.L. c. 265, § 15A [c][iii])

No. 6.360. Revised Jun 2005

ABDW on a Pregnant Woman (G.L. c. 265, § 15A [c][ii])

No. 6.380. Revised Jun 2005

Custodial Interference by Relative (G.L. c. 265, § 26A)

No. 6.400. Revised 1988

Indecent Assault and Battery (G.L. c. 265, § 13H)

No. 6.500. Revised Jan 2009

Indecent Assault and Battery on a Child Under Fourteen (G.L. c. 265, § 13B)

No. 6.520. Revised Jun 1995

Reckless Endangerment of a Child under 18 (G.L. c. 265, § 13L)

No. 6.540. Revised May 2011

Enticing a Child under 16 (G.L. c. 265, § 26C)

No. 6.560. Revised May 2011

Annoying and Accosting Persons of the Opposite Sex (G.L. c. 272, § 53)

No. 6.600. Revised Mar 2007

Civil Rights Violations (G.L. c. 265, § 37)

No. 6.620. Revised Jun 1995

Criminal Harassment (G.L. c. 265, § 43A)

No. 6.640. Revised May 2011

Harassing or Obscene Telephone Calls (G.L. c. 269, § 14A)

No. 6.660. Revised May 2011

Stalking (G.L. c. 265, § 43)

No. 6.680. Revised May 2011

Threat to Commit Crime (G.L. c. 275, §§ 2-4)

No. 6.700. Revised Jan 2009

Violation of an Abuse Prevention Order (G.L. c. 209A, § 7)

No. 6.720. Revised May 2011

Violation of a Harassment Prevention Order (G.L. c. 258E, § 9)

No. 6.740. Revised May 2011

Bail Jumping (G.L. c. 276, § 82A)

No. 7.100. Revised 1989

Common Nightwalker (G.L. c. 272, § 53)

No. 7.120. Revised 1989

Deriving Support from Earnings of a Prostitute (G.L. c. 272, § 7)

No. 7.140. Revised 1988

Disorderly Conduct (G.L. c. 272, § 53)

No. 7.160. Revised 1989

Disseminating Obscene Matter; Possession with Intent to Disseminate Obscene Matter (G.L. c. 272, § 29)

No. 7.180. Revised 1988

Disturbing the Peace (G.L. c. 272, § 53)

No. 7.200. Revised 1988

Escape (G.L. c. 268, § 16)

No. 7.220. Revised Jan 2009

Failing to Register as a Sex Offender (G.L. c. 6, § 178H)

No. 7.240. Revised Jan 2009

False Report of a Crime (G.L. c. 269, § 13A)

No. 7.260. Revised Jun 2006

Fighting Animals (G.L. c. 272, § 94)

No. 7.280. Revised Jun 2005

Giving False Name upon Arrest (G.L. c. 268, § 34A)

No. 7.300. Revised Jan 2009

Illegal Lottery (G.L. c. 271, § 7)

No. 7.320. Revised Jan 2009

Indecent Exposure (G.L. c. 272, § 53)

No. 7.340. Revised Jan 2009

Intimidating a Witness, Juror, Court Official or Law Enforcement Officer (G.L. c. 268, § 13B)

No. 7.360. Revised Feb 2008

Lewd, Wanton and Lascivious Act (G.L. c. 272, § 53)

No. 7.380. Revised Jun 1995

Open and Gross Lewdness and Lascivious Behavior (G.L. c. 272, § 16)

No. 7.400. Revised Jan 2009

Possession of Fireworks (G.L. c. 148, § 39)

No. 7.420. Revised Jun 2005

Registering Bets (G.L. c. 271, § 17)

No. 7.440. Revised 1988

Resisting Arrest (G.L. c. 268, § 32B)

No. 7.460. Revised Jan 2009

Sexual Conduct for a Fee (G.L. c. 272, § 53A)

No. 7.480. Revised 1988

Unnatural and Lascivious Act (G.L. c. 272, § 35)

No. 7.500. Revised 1989

Use of Telephone for Betting (G.L. c. 271, § 17A)

No. 7.520. Revised Jun 1995

Carrying a Firearm (G.L. c. 269, § 10 [a])

No. 7.600. Revised Jun 2006

Possession of a Firearm (G.L. c. 2699, § 10 [h])

No. 7.620. Revised Jun 1995

Defacing Firearm Serial Number; Receiving a Firearm with a Defaced Serial Number (G.L. c. 269, § 11C)

No. 7.640. Revised Jun 2005

Possession of Firearm with Defaced Serial Number during Felony (G.L. c. 269, § 11B)

No. 7.660. Revised Jun 2005

Carrying Certain Dangerous Weapons (G.L. c. 269, § 10 [b])

No. 7.680. Revised 1988

Carrying a Dangerous Weapon When Arrested (G.L. c. 269, § 10 [b])

No. 7.700. Revised 1988

Distribution of a Controlled Substance; Possession with Intent to Distribute a Controlled Substance (G.L. c. 94C, §§ 32-32D)

No. 7.800. Revised 1988

Possession of a Controlled Substance (G.L. c. 94C, § 34)

No. 7.820. Revised 1988

Sale of Drug Paraphernalia; Possession with Intent to Sell Drug Paraphernalia (G.L. c. 94C, § 32I)

No. 7.840. Revised Jan 2009

[Definition of “Drug Paraphernalia” (G.L. c. 94C, § 1)]

No. 7.841. Revised Jan 2009

School Zone Drug Violation (G.L. c. 94C, § 32J)

No. 7.860. Revised Jan 2009

Breaking and Entering (G.L. c. 266, § 16)

No. 8.100. Revised Jan 2009

Burning Insured Property (G.L. c. 266, § 10)

No. 8.120. Revised Jun 1995

Burning Personal Property, Motor Vehicle, etc. (G.L. c. 266, § 5)

No. 8.140. Revised 1988

Forgery (G.L. c. 267, §§ 1-8)

No. 8.160. Revised 1989

Possession of Burglarious Tools (G.L. c. 266, § 49)

No. 8.180. Revised Jun 2006

Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief (G.L. c. 266, § 28)

No. 8.200. Revised Jun 1995

Trespass (G.L. c. 266, § 120)

No. 8.220. Revised Jun 1995

Uttering (G.L. c. 267, §§ 5-6)

No. 8.240. Revised Jan 2009

Wanton Destruction of Property (G.L. c. 266, § 127)

No. 8.260. Revised Jun 2005

Wilful and Malicious Destruction of Property (G.L. c. 266, § 127)

No. 8.280. Revised Mar 2007

Wilful or Wanton Destruction of House of Worship, Cemetery or School (G.L. c. 266, § 127A)

No. 8.300. Revised Jun 1995

Fraudulent Insurance Claim (G.L. c. 266, § 111A)

No. 8.400. Revised Jun 1995

Identity Fraud by Posing as Another (G.L. c. 266, § 37E [b])

No. 8.420. Revised Sep 2006

Identity Fraud by Obtaining Personal Information (G.L. c. 266, § 37E [c]

No. 8.440. Revised Sep 2006

Larceny by Check (G.L. c. 266, § 37)

No. 8.460. Revised 1988

Larceny by Embezzlement (G.L. c. 266, § 30)

No. 8.480. Revised Jan 2009

Larceny by False Pretenses (G.L. c. 266, § 30)

No. 8.500. Revised 1988

Larceny by Stealing (G.L. c. 266, § 30)

No. 8.520. Revised Jun 1995

[Verdict Slip] Larceny by Stealing (G.L. c. 266, § 30)

No. 8.521. Revised Jun 1995

Larceny by Stealing in a Building (G.L. c. 266, § 20)

No. 8.540. Revised Jan 2009

Larceny from the Person (G.L. c. 266, § 25 [b])

No. 8.560. Revised 1988

Larceny of Leased or Rented Personal Property (G.L. c. 266, § 87)

No. 8.580. Revised Jun 1995

Receiving Stolen Property (G.L. c. 266, § 60)

No. 8.600. Revised Jun 1995

Shoplifting (G.L. c. 266, § 30A)

No. 8.620. Revised Jan 2009

Unauthorized Transfer of Sound Recordings (G.L. c. 266, § 143A)

No. 8.640. Revised Jun 1995

Accident

No. 9.100. Revised 1988

Alibi

No. 9.120. Revised 1989

Entrapment

No. 9.140. Revised Jun 1995

Identification

No. 9.160. Revised Mar 2007

Intoxication with Alcohol or Drugs

No. 9.180. Revised Jun 1995

Lack of Criminal Responsibility

No. 9.200. Revised Jan 2009

Mental Impairment Short of Insanity

No. 9.220. Revised 1988

Necessity or Duress

No. 9.240. Revised Jul 1997

Self-Defense; Defense of Another; Defense of Property

No. 9.260. Revised Jan 2009

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Scope and Purpose

Rule 2

Definition of Terms

Rule 3

Commencement of Violation Proceedings: Charged Criminal Conduct

Rule 4

Commencement of Violation Proceedings: Violations Other than Charged Criminal Conduct

Rule 5

Conduct of Hearings

Rule 6

Hearsay Evidence

Rule 7

Finding and Disposition

Rule 8

Preliminary Violation Hearings

Rule 9

Violation of Conditions of a Continuance Without a Finding

Preamble

a Lawyer's Responsibilities

Scope

Rule 1.1

Competence

Rule 1.2

Scope of Representation

Rule 1.3

Diligence

Rule 1.4

Communication

Rule 1.5

Fees

Rule 1.6

Confidentiality of Information

Rule 1.7

Conflict of Interest: General Rule

Rule 1.8

Conflict of Interest: Prohibited Transactions

Rule 1.9

Conflict of Interest: Former Client

Rule 1.10

Imputed Disqualification: General Rule

Rule 1.11

Successive Government and Private Employment

Rule 1.12

Former Judge or Arbitrator

Rule 1.13

Organization as Client

Rule 1.14

Client with Diminished Capacity

Rule 1.15

Safekeeping Property

Rule 1.16

Declining or Terminating Representation

Rule 1.17

Sale of Law Practice

Rule 2.1

Advisor

Rule 2.2

Rule 2.3

Evaluation for Use by Third Persons

Rule 2.4

Lawyer Serving as Third-Party Neutral

Rule 3.1

Meritorious Claims and Contentions

Rule 3.2

Expediting Litigation

Rule 3.3

Candor Toward The Tribunal

Rule 3.4

Fairness to Opposing Party and Counsel

Rule 3.5

Impartiality and Decorum of the Tribunal

Rule 3.6

Trial Publicity

Rule 3.7

Lawyer as Witness

Rule 3.8

Special Responsibilities of a Prosecutor

Rule 3.9

Advocate in Nonadjudicative Proceedings

Rule 4.1

Truthfulness in Statements to Others

Rule 4.2

Communication with Person Represented by Counsel

Rule 4.3

Dealing with Unrepresented Person

Rule 4.4

Respect for Rights of Third Persons

Rule 5.1

Responsibilities of a Partner or Supervisory Lawyer

Rule 5.2

Responsibilities of a Subordinate Lawyer

Rule 5.3

Responsibilities Regarding Nonlawyer Assistants

Rule 5.4

Professional Independence of a Lawyer

Rule 5.5

Unauthorized Practice of Law

Rule 5.6

Restrictions On Right to Practice

Rule 5.7

Responsibilities Regarding Law-Related Services

Rule 6.1

Voluntary Pro Bono Publico Services

Rule 6.2

Accepting Appointments

Rule 6.3

Membership in Legal Services Organization

Rule 6.4

Law Reform Activities Affecting Client Interests

Rule 6.5

Nonprofit and Court-Annexed Limited Legal Services Programs

Rule 7.1

Communications Concerning a Lawyer's Services

Rule 7.2

Advertising

Rule 7.3

Solicitation of Professional Employment

Rule 7.4

Communication of Fields of Practice

Rule 7.5

Firm Names and Letterheads

Rule 8.1

Bar Admission and Disciplinary Matters

Rule 8.2

Judicial and Legal Officials

Rule 8.3

Reporting Professional Misconduct

Rule 8.4

Misconduct

Rule 8.5

Disciplinary Authority

Rule 9.1

Definitions

Rule 9.2

Title

Rule 1

Title; Scope

Rule 2

Purpose; Construction; Definition of Terms

Rule 3

Complaint And Indictment; Waiver Of Indictment; Probable Cause Hearing

Rule 3.1

Determination Of Probable Cause For Detention

Rule 4

Form And Contents Of Complaint Or Indictment; Amendment

Rule 5

The Grand Jury

Rule 6

Summons To Appear; Arrest Warrant

Rule 7

Initial Appearance And Arraignment

Rule 8

Assignment Of Counsel

Rule 9

Joinder Of Offenses Or Defendants

Rule 10

Continuances

Rule 11

Pretrial Conference And Pretrial Hearing

Rule 12

Pleas And Withdrawals Of Pleas

Rule 13

Pretrial Motions

Rule 14

Pretrial Discovery

Rule 15

Interlocutory Appeal

Rule 16

Dismissal By The Prosecution

Rule 17

Summonses For Witnesses

Rule 18

Presence Of Defendant

Rule 19

Trial By Jury Or By The Court

Rule 20

Trial Jurors

Rule 21

Sequestration Of Witnesses

Rule 22

Objections

Rule 23

Statements And Reports Of Witnesses For Impeachment

Rule 24

Opening Statements; Arguments; Instructions To Jury

Rule 25

Motion For Required Finding Of Not Guilty

Rule 26

Requests For Rulings

Rule 27

Verdict

Rule 28

Judgment

Rule 29

Revision Or Revocation Of Sentence

Rule 30

Postconviction Relief

Rule 31

Stay Of Execution; Relief Pending Review

Rule 32

Filing And Service Of Papers

Rule 33

Counsel For Defendants Indigent Or Indigent But Able To Contribute

Rule 34

Report

Rule 35

Depositions To Perpetuate Testimony

Rule 36

Case Management

Rule 37

Transfer Of Cases

Rule 38

Disability Of Judge

Rule 39

Records Of Foreign Proceedings And Notice Of Foreign Law

Rule 40

Proof Of Official Records

Rule 41

Interpreters And Experts

Rule 42

Clerical Mistakes

Rule 43

Summary Contempt Proceedings

Rule 44

Contempt

Rule 45

Removal Of The Disruptive Defendant

Rule 46

Time

Rule 47

Special Magistrates

Rule 48

Sanctions