Massachusetts General Laws ch. 278A sec. 6 – Hearing
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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.
Terms Used In Massachusetts General Laws ch. 278A sec. 6
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.