Colloquy court3/26/2023 ![]() ![]() While the requirement for a colloquy was imposed by the Supreme Judicial Court under its superintendence function, and the requirement for a written waiver is statutory, “ waiver obtained without observing both requirements is ineffective.” Commonwealth v. Second, a written waiver must be signed by the defendant and filed with the court. 504, 509-10 (1979) (recommending colloquy address features of the jury’s role, such as that the jury consists of community members, that defendant may participate in jurors’ selection, that the jury’s verdict must be unanimous, and that the jury decides guilt or innocence but that the judge alone will do this if the jury is waived). First, the judge must conduct an oral colloquy with the defendant to ensure that the waiver is entered knowingly and voluntarily. When a defendant pleads not guilty and seeks trial by the judge instead of by a jury, there are two requirements for the valid waiver of the right to a jury trial. 19(b) that were made to implement Commonwealth v. 19(a) makes minor stylistic edits to provide consistency with amendments to Mass.
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