Massachusetts Statutes

TITLE I COURTS AND JUDICIAL OFFICERS

CHAPTER 211 THE SUPREME JUDICIAL COURT
- Section 1 Number of justices
- Section 2 Quorum
- Section 2A Statement of expenses and costs
- Section 3 Superintendence of inferior courts; power to issue writs and process
- Section 3A Administrative assistant
- Section 3B Conferences of judges
- Section 3C to 3F Repealed, 1978, 478, Sec. 99
- Section 3G Repealed, 1988, 164, Sec. 138; 1988, 206, Sec. 3
- Section 4 Removal of officers
- Section 4A Transfer of causes between supreme judicial court and lower courts
- Section 5 Questions of law; hearing by full court
- Section 6 Questions of law; reservation
- Section 7 Questions of law; argument; order
- Section 8 Judgment or rescript after decision
- Section 9 Records and rescripts; contents
- Section 10 Frivolous appeals; costs and interest
- Section 11 Repealed, 1973, 1114, Sec. 50
- Section 12 Law sittings; adjournments
- Section 13 Repealed, 1961, 106, Sec. 2
- Section 14 Transfer of cases by full court
- Section 15 Criminal cases; hearings
- Section 16 Hearing in Boston of questions arising in other counties
- Section 17 Jury sittings; times and places of sittings
- Section 18 Sittings at Fall River; adjournments
- Section 19 Dukes or Nantucket county cases; place of trial
- Section 20 Powers of justices at jury and law sittings
- Section 21 Audit of accounts
- Section 22 Salaries of justices; expenses; practice of law prohibited
- Section 23 Court employees
- Section 24 Services of retired justices
- Section 25 Disability benefits project
- Section 26 Program for evaluation of judicial performance
- Section 26A Questionnaires for performance evaluation program; contents; distribution, collection, etc.; frequency of evaluations
- Section 26B Judicial evaluation standards; disciplinary procedures
- Section 27 Pre-service and in-service training programs for justices; administration
- Section 28 Leave of absence for study, research, etc.; restrictions
CHAPTER 211A APPEALS COURT
- Section 1 Appeals court; establishment
- Section 2 Justices; salaries; expenses; limitation of practice
- Section 3 Quorum; panels; presiding justice
- Section 4 Sitting of court; quarters and facilities; sessions
- Section 5 Powers and authority; jurisdiction
- Section 6 Clerk and assistant clerks; terms; salaries
- Section 7 Estimate for maintenance of court and revenue
- Section 8 Clerk to serve as administrative officer; cost of maintaining office; duties
- Section 9 Decisions, opinions and rescripts
- Section 10 Concurrent appellate jurisdiction with supreme judicial court; limitations
- Section 11 Further appellate review of certain cases by supreme judicial court
- Section 12 Report to supreme judicial court; transfers to and from supreme judicial court
- Section 13 Presentation of cases; law governing; adoption of rules
- Section 14 Vacancy in office of chief justice
- Section 15 Frivolous appeals or exceptions; costs and interest
- Section 16 Services of retired justices
- Section 17 Leave of absence; restrictions
CHAPTER 211B TRIAL COURT OF THE COMMONWEALTH
- Section 1 Organization
- Section 2 Number of trial court justices; appointments
- Section 3 Justices assigned to other departments; powers and duties
- Section 4 Salaries; practice of law; expenses; vacation and sick leave; special justices
- Section 5 Chief justices; appointment; term; removal
- Section 6 Chief justice for administration and management; appointment; term
- Section 6A Advisory board
- Section 7 Vacancies in office
- Section 8 Advisory committee on personnel standards
- Section 9 Powers and duties of chief justice for administration and management
- Section 9A Employees of chief justice for administration and management; powers and duties
- Section 10 Chief justices; powers and duties
- Section 10A First justices; powers and duties
- Section 10B Appointment of assistant clerks
- Section 10C Limitation of powers, duties or responsibilities of clerks or registers of probate
- Section 11 Repealed, 1992, 379, Sec. 81
- Section 12 Administrator for trial court
- Section 13 Estimates of expenses, costs and revenue
- Section 14 Services of retired justices
- Section 15 Repealed, 1992, 379, Sec. 85
- Section 16 Judicial institute; training judicial and nonjudicial personnel
- Section 17 Operation and maintenance of court facilities; long-range planning and capital budget requests; occupancy fees
- Section 18 Repealed, 1992, 379, Sec. 88
- Section 19 Mandatory alternative dispute resolution program
- Section 20 Leave of absence; restrictions
- Section 21 Publication of notice in newspaper; notice requirements deemed met
CHAPTER 211C COMMISSION ON JUDICIAL CONDUCT
- Section 1 Establishment; membership; expenses; term; chairman
- Section 2 Investigations, hearings and recommendations
- Section 3 Report; appropriations; offices; rules; immunity; executive director; proceedings
- Section 4 Annual report
- Section 5 Initiation of proceedings; inquiry, investigation and evaluation; detailed complaint or statement of allegations; formal charges
- Section 6 Confidentiality
- Section 7 Hearing; recommendation for discipline; attorneys’ fees
- Section 8 Informal adjustment; sanctions
- Section 9 Charges against supreme judicial court member
- Section 10 Physical or mental disabilities
- Section 11 Advisory committee
CHAPTER 211D COMMITTEE FOR PUBLIC COUNSEL SERVICES
- Section 1 Committee for public counsel services; establishment
- Section 2 Indigency; definition, standards and procedures for determination
- Section 2A Legal counsel for criminal defendant charged with misdemeanor or municipal ordinance violation; fee assessment
- Section 3 Accepting of gifts, grants or contributions; contracts
- Section 4 Rules and regulations; annual report; training; rotating appointment mechanism
- Section 5 Appointment or assignment of counsel
- Section 6 Public defender and private counsel divisions; duties
- Section 6A Utilization of attorney staff within private counsel division; establishment of children and family law program
- Section 6B Payment of counsel
- Section 7 Division assignments
- Section 8 Assignment of case of indigent accused of murder
- Section 9 Division standards
- Section 10 Committee monitoring of standards compliance; review of client complaints
- Section 11 Compensation rates; review at public hearings; notice; limitation on appointments
- Section 12 Private counsel compensation; audit and oversight department; invoices
- Section 13 Chief counsel; deputies; staff; compensation
- Section 14 Appeals and post-conviction remedies; indigent representation
- Section 15 Community advisory board; Roxbury community; consultation
- Section 16 Appointment of counsel; sex offender registry classification system
- Section 21/2 Affidavit of indigency; waiver authorizing access to verifying information; quarterly reports on implemented procedures
CHAPTER 211E MASSACHUSETTS SENTENCING COMMISSION
- Section 1 Massachusetts sentencing commission; members; powers and duties
- Section 2 Purpose of sentencing commission
- Section 3 Recommended sentencing guidelines
- Section 4 Review of sentence
CHAPTER 211F OFFICE OF COMMUNITY CORRECTIONS
- Section 1 Definitions
- Section 2 Office of community corrections; executive director
- Section 3 Sentence to community corrections program; duration; conditions; eligibility
- Section 4 Community correction plans
- Section 5 Biannual report
- Section 6 County community corrections advisory boards
CHAPTER 212 THE SUPERIOR COURT
- Section 1 Number of superior court justices; administrative head; definitions
- Section 2 Court; manner of holding
- Section 3 Exclusive original jurisdiction
- Section 3A Statement to accompany complaint for civil action for damages
- Section 4 Original jurisdiction
- Section 5 Appellate civil jurisdiction
- Section 6 Criminal jurisdiction
- Section 7 Indictments; transmittal
- Section 8 Security in civil or criminal cases to stand on appeal
- Section 9 Orders or decrees of supreme judicial court; recording
- Section 10 Repealed, 1973, 1114, Sec. 53
- Section 11 Repealed, 1929, 265, Sec. 4
- Section 12 Affirmation of judgment on non-entry of appeal
- Section 13 Late entry of appeal
- Section 14 Sittings of court; places
- Section 14A Sittings; first justices; powers and duties; terms; removal
- Section 14B Repealed, 1978, 478, Sec. 119
- Section 14C Repealed, 1973, 1114, Sec. 56
- Section 14D to 14F Repealed, 1978, 478, Sec. 119
- Section 15 to 18 Repealed, 1932, 144, Sec. 3
- Section 18A Repealed, 1923, 262, Sec. 2
- Section 19 Clerk’s office
- Section 19A Special master
- Section 20 Civil and criminal business; separation; jurors
- Section 20A Central pools of jurors
- Section 21 Special jury sittings for criminal business
- Section 22 Return day in criminal cases
- Section 23 Grand jury; assembling
- Section 24 Precedence of certain prosecutions
- Section 25 Continuance of sitting
- Section 26 Records; custody
- Section 26A Land title actions; jury-waived civil actions; transfer to land court
- Section 27, 28 Repealed, 1978, 478, Sec. 125
- Section 28A Repealed, 1949, 654, Sec. 2
- Section 29 Speedy trial of persons held in default of bail
- Section 30 Labor dispute cases; panel of justices; hearing; review
CHAPTER 213 PROVISIONS COMMON TO THE SUPREME JUDICIAL AND SUPERIOR COURTS
- Section 1 Chief justices; vacancies
- Section 1A Concurrent jurisdiction; exception
- Section 1B Questions of law; reservation; report to appeals court
- Section 1C, 1D Repealed, 1973, 1114, Sec. 60
- Section 2 Process; issuance in other counties
- Section 3 Rules; power to make and promulgate
- Section 3A Rules; printing and disposition of copies
- Section 4 Courts always open
- Section 5 Transaction of business in any county
- Section 6 Duration of sittings; adjournments
- Section 7 Simultaneous sessions
- Section 8 Accounts and expenses; allowance
- Section 9 Attendance of justices
- Section 10 Adjournment to another shire town
- Section 11 Adjournment in absence of justice; sheriff’s duty
- Section 12 Written order to sheriff to adjourn; absence of justice
- Section 13 Seal; officers of court
CHAPTER 214 EQUITY JURISDICTION
- Section 1 General equity jurisdiction; original and concurrent
- Section 1A Remedy in damages no bar to suit for specific performance of contract
- Section 1B Right of privacy
- Section 1C Right to freedom from sexual harassment
- Section 2 Statutory jurisdiction
- Section 3 Special jurisdiction
- Section 3A Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions
- Section 3B Fair information practices of public holders; violations of chapter 66A; remedies; limitation
- Section 4 Process; issuance
- Section 5 Venue
- Section 6 Labor disputes; injunctions; issuance; conditions precedent; procedural requisites
- Section 6A Jurisdictional labor disputes; temporary injunctive relief; arbitration; definition
- Section 7 Construction of wills; notice
- Section 7A Damage to the environment; temporary restraining order as additional remedy; definitions; requisites; procedure
- Section 7B Noise pollution; shooting ranges; exemption from liability; hours of operation
- Section 8 Determination by one justice
- Section 9 Acts and proceedings other than trials upon the merits
- Section 10 Cases pending in another county; hearing
- Section 10A [There is no 214:10A.]
- Section 10B Proceedings for application of cy pres doctrine to failure of charitable gifts; deviation; notice; parties
- Section 11 Issues of fact to be tried by jury
- Section 12 Summoning of jury
- Section 13 Jury issues in superior court
- Section 14 Continuous sitting of courts in Boston
- Section 15 Control of action
- Section 16 Writs of seisin and execution
- Section 17 Receiver’s bond
- Section 18 Pending actions; taking papers from files
CHAPTER 215 PROBATE COURTS
- Section 1 Divisions; definitions; courts of record
- Section 2 Superior jurisdiction; presumption
- Section 3 General provisions
- Section 4 Separate estates of married women; paternity, custody and support of minors
- Section 5 French spoliation awards
- Section 6 Equity jurisdiction
- Section 6A Attachment by injunction
- Section 6B Repealed, 1945, 582, Sec. 3
- Section 6C Modification of judgment as to care and custody of minor children; temporary orders
- Section 7 Attachment of jurisdiction; control of case
- Section 8 Trusts
- Section 8A Change of venue
- Section 9 Persons entitled to appeal
- Section 9A Fiduciaries; acts during appeal period
- Section 10 Appellate procedure
- Section 11 Report of facts
- Section 12 Repealed, 1973, 1114, Sec. 67
- Section 13 Reservation and report of case to appeals court
- Section 14 Interlocutory judgments and decrees; revision on appeal from final judgments or decrees
- Section 15 Repealed, 1975, 400, Sec. 61
- Section 16 Repealed, 1986, 211, Sec. 1
- Section 17 Insolvent estates
- Section 18 Stenographers; appointment
- Section 19 Consolidation of appeals by appellant
- Section 20 Consolidation of appeals by court
- Section 21 Repealed, 1973, 1114, Sec. 70
- Section 22 Effect of appeal; interlocutory orders
- Section 23 Effect of appeal; equity cases
- Section 24 Effect of appeal; separate support and custody cases
- Section 25 Removal of fiduciary; effect of appeal
- Section 26 Decree; force and effect
- Section 27 Pending appeals; modification of decrees
- Section 28 Reversal or affirmance
- Section 29 Repealed, 1975, 400, Sec. 65
- Section 30 Rules and forms; power of judges to make
- Section 30A Repealed, 1978, 478, Sec. 130
- Section 30B Estate administration process; form
- Section 31 Notice of hearing; rule making power of courts
- Section 32 Transaction of business out of court
- Section 33 Notice; ex parte matters
- Section 34 Enforcement of orders, sentences, judgments and decrees; punishing contempts; effect of arrearages on support orders; unemployment of defendant
- Section 34A Contempt; support or custody orders; costs; service; attorney’s fees; interest; IV-D agency; arrest warrants
- Section 34B Review of contempt order prior to order of confinement
- Section 35 Warrants and commissions; revocation
- Section 36 Judgments, decrees and orders; necessity of writing; notices; recording
- Section 37 Docket and index; manner of keeping; public inspection
- Section 38 Oaths
- Section 39 Administration of estates; compensation for services; power to determine and enforce
- Section 39A Attorneys’ fees; power of court to determine
- Section 39B Attorneys’ fees; allowance
- Section 40 Resignation or removal of fiduciary; power to compel surrender of property
- Section 41 Temporary investments
- Section 41A Distribution of limited funds of estates to parents of minors
- Section 42 Appearances
- Section 43 Interrogatories
- Section 44 Concealed property; examination of suspects under oath
- Section 45 Costs
- Section 46 Summons or citation; service by registered mail
- Section 47 Waiver of notice
- Section 48 Repealed, 1970, 317, Sec. 2
- Section 49 Notices; selection of newspapers
- Section 50 Receipts and releases of fiduciaries; recording; fees
- Section 51 Repealed, 1955, 418, Sec. 2
- Section 52 Original will; taking from registry
- Section 53 Court room and room for records; duty to provide
- Section 54 Rooms for records; additional space
- Section 55 Preservation of dockets and indexes
- Section 56 Recording of proceedings in Suffolk; expense
- Section 56A Investigations
- Section 56B Contempt proceedings involving child care, custody or maintenance; guardian ad litem; appointment
- Section 57 Contempt powers of judge, etc.
- Section 58 Court; open times
- Section 59 Adjournment
- Section 60 Holidays and election days
- Section 61 Repealed, 1939, 65, Sec. 1
- Section 62 Times and places for holding courts
- Section 63 Repealed, 1986, 174, Sec. 2
CHAPTER 216 COURTS OF INSOLVENCY [Repealed, 1978, 478, Sec. 127.]
CHAPTER 217 JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY
- Section 1 Divisions; justices; definitions
- Section 2 Judges; number in certain counties; first justices, powers, terms
- Section 2A to 3A Repealed, 1978, 478, Secs. 139 to 141
- Section 3B Hampshire county; associate justice
- Section 3C Circuit justices; appointment; expenses
- Section 4 Registers of probate and insolvency
- Section 5 Oath of judge
- Section 5A Oath of register
- Section 6 Repealed, 1978, 478, Sec. 143
- Section 6A Special judge or register; interest in proceedings; prohibition
- Section 6B Prohibitions and restrictions on justices; assignment to another county
- Section 7 Judge and register; appointment as guardian or executor
- Section 8 Chief justice; powers and duties
- Section 8A Chief justice; appointment of executive secretary and staff; expenditures
- Section 9 Out of county authority; probate judges
- Section 10 Vacancy; powers of acting judge; bonds
- Section 11 Judges; inspection of records; forfeiture of bonds of registers; notice
- Section 12 Bond of register
- Section 13 Temporary register
- Section 14 Register; duty to certify amount of assistance
- Section 15 Register; duties; custody of records, etc.
- Section 15A Register or assistant; printing or typing of names on filed instruments
- Section 15B Inventory involving real estate in registry district other than district in which filed; recording of information
- Section 15C Inventory involving real estate located in another county; duties of registers
- Section 16 Register; copies of certain papers; mailing to commissioner of revenue
- Section 17 Register to report vacancy and appointment of assistant
- Section 18 Register; furnishing copies; fees
- Section 19 Register; reports to division of public charities
- Section 20 Register to account
- Section 21 Register; receipt of complaints, petitions, and applications
- Section 22 Register; power to issue attachments, appoint appraisers, etc.
- Section 22A Identification of husbands and wives in documents and communications
- Section 23 First assistant registers
- Section 23A Assistant registers
- Section 23B Administrative deputy assistants
- Section 23C Judicial case managers
- Section 23D Assistant judicial case managers
- Section 24 to 25A Repealed, 1978, 478, Sec. 149
- Section 26 Assistant registers; official signatures
- Section 27 Assistant registers; duties
- Section 27A Duties of judicial case managers
- Section 28 Suffolk county; clerk to administer oaths in probate proceedings
- Section 29 Middlesex county; clerk to administer oaths in probate proceedings
- Section 29A Dukes county; clerk to administer oaths in probate proceedings
- Section 29B Nantucket county; clerk to administer oaths in probate proceedings
- Section 29C Barnstable probate court; deputy assistant registers
- Section 29D Berkshire probate court; deputy assistant register
- Section 29E Hampden probate court; deputy assistant registers
- Section 29F Worcester probate court; deputy assistant registers
- Section 29G Bristol probate and family court; deputy assistant registers
- Section 29H Hampshire probate court first justice; deputy assistant registers
- Section 29I Plymouth probate court; deputy assistant registers
- Section 29J Essex probate and family court; deputy assistant register
- Section 29K Franklin probate and family court; deputy assistant register
- Section 29L Norfolk probate and family court; deputy assistant register
- Section 30 Court officers; appointment for certain counties
- Section 31 Repealed, 1992, 379, Sec. 117
- Section 31A to 32C Repealed, 1978, 478, Sec. 157
- Section 33 Allowance to registers for assistance
- Section 34 Repealed, 1978, 478, Sec. 157
- Section 34A Repealed, 1978, 478, Sec. 159
- Section 35 Salaries of registers, administrative deputy assistants, assistant registers, etc.; payment
- Section 35A Registers; salaries
- Section 35B Assistant registers, judicial case managers and administrative deputy assistants; salaries
- Section 35C Repealed, 2001, 177, Sec. 43B
- Section 36, 37 Repealed, 1926, 380, Secs. 3, 4
- Section 38 Repealed, 1937, 408, Sec. 2
- Section 39 Court officers and messengers; compensation
- Section 40 Repealed, 1975, 862, Sec. 4; 1978, 478, Sec. 163
- Section 41 Repealed, 1963, 819, Sec. 5
- Section 42 Traveling expenses
- Section 43 Temporary register; compensation; fees
CHAPTER 218 DISTRICT COURTS
- Section 1 Territorial jurisdiction and place of holding court
- Section 2 Boston municipal courts; concurrent jurisdiction over waters and islands
- Section 2A Transfer of civil actions brought in wrong court
- Section 3 Boston municipal courts; concurrent criminal jurisdiction over waters and islands
- Section 4 District court jurisdiction; seals
- Section 5 Contempt cases; service of process
- Section 6 Justices; number; terms; compensation; duties
- Section 6A Special justices of district court; certification of full time duties; restrictions on employment
- Section 7 Oaths; power to administer
- Section 8 Clerks; appointment; number; retirement; vacation and sick leave
- Section 9 Temporary clerks
- Section 10 Assistant clerks
- Section 10A Deputy assistant clerks; power to designate
- Section 11 Temporary assistant clerks
- Section 12 Clerks; oath of office; duties and powers
- Section 13 Records; storage
- Section 14 Facsimile signatures
- Section 15 Times for holding trials; office hours
- Section 16 Bond of clerk
- Section 17 Justice, clerk or assistant clerk; restrictions on practice of law; special justices; restrictions on hearing or trying cases
- Section 18 Justices and clerks; receipt of certain fees; prohibition
- Section 19 General provisions
- Section 19A District court or Boston municipal court; statement of facts in support of civil action for damages; dismissal; appeals
- Section 19B District court or Boston municipal court; trial by jury of six; appeals
- Section 19C District court jurisdiction; equity powers and rules
- Section 19D Housing specialists; appointment; knowledge requisites; powers and duties
- Section 20 Actions against executors and administrators, and against bail
- Section 21 Power to establish rules of procedure; venue; jurisdictional amount; hearings; damages and penalties
- Section 22 Procedure
- Section 23 Initial determination of cause; removal; claim for trial by jury; bond or deposit; finding as evidence; report to appellate division
- Section 24 Transfer to regular docket
- Section 25 Costs; discretion of court
- Section 26 General provisions
- Section 26A Trial by jury; discovery; jury-waived trial; record of proceedings; probation
- Section 27 Imposition of penalties
- Section 27A Jury sessions
- Section 28 Recognizances to keep peace
- Section 29 Repealed, 1964, 308, Sec. 10
- Section 30 Binding over to superior court
- Section 31 Repealed, 1992, 379, Sec. 142
- Section 32 Complaints and warrants
- Section 33 Warrants and process; power of clerks to issue
- Section 34 Arrest without warrant; endorsement of complaint by arresting officer
- Section 35 Complaints, warrants and process; power to issue; disqualification to hear case; destruction of applications for complaints
- Section 35A Process; issuance on complaints for misdemeanors; consideration of criminal records and domestic violence records; right to hearing
- Section 36 Justice of peace; taking bail
- Section 37 Process for witnesses and defendants in criminal and juvenile cases; direction and service
- Section 38 Access to courts; sittings; adjournments; filing of complaints
- Section 39 Books and supplies
- Section 40 Part-time special justices; authorized cases
- Section 41 Special justice; powers and duties
- Section 42 Adjournment when justice absent
- Section 42A Administrative head of district court department
- Section 43 Uniform rules of practice and procedure; power to make and promulgate
- Section 43A Uniform practices; forms; superintendence of record keeping
- Section 43B Official forms; powers of chief justice
- Section 43C Repealed, 1978, 478, Sec. 199
- Section 43D Repealed, 1993, 478, Sec. 7
- Section 43E Community mediation advisory board; coordinator
- Section 44 Process; formal requisites; territorial jurisdiction
- Section 45, 46 Repealed, 1975, 377, Sec. 15
- Section 47 Clerks; duty to make payments and to account; penalty
- Section 48 Sentences to Deer Island
- Section 49 Clerks; duty to pay certain fees; advances; accounting
- Section 50 Justices; number; vacation and sick leave; rule making power
- Section 51 Repealed, 1978, 478, Sec. 205
- Section 51A Administrative head of Boston municipal court department; appointment of first justice; allowance of bills
- Section 52 Justices and special justices; assignment; additional sessions; compensation, etc.
- Section 52A Clerks; criminal and civil business
- Section 53 Clerks and assistant clerks
- Section 53A Temporary assistant clerks
- Section 54 Civil jurisdiction
- Section 55 Recording systems; stenographic and medical services and equipment
- Section 56 Clerks; accounting; penalty
- Section 57 Juvenile courts; divisions; territorial jurisdiction; appeals
- Section 57A Chief justice; administrative head of juvenile court system; executive secretary; powers and duties
- Section 58 Justices and clerks; assignment; salaries; vacation and sick leave; interpreters
- Section 58A Administrative assistant for intergovernmental relations
- Section 58B Special justices of Boston juvenile court; certification of full-time duties; restrictions on employment
- Section 58C Special justices of juvenile court
- Section 59 Powers, duties and procedure; jurisdiction
- Section 60 Jurisdiction over offenders; rule making power
- Section 61 to 65 Repealed, 1992, 379, Sec. 168
- Section 66 Boston municipal court department; messenger
- Section 67 Boston municipal court; interpreters
- Section 68 East Boston division of the Boston municipal court department; interpreter
- Section 69 Clerks of divisions of district court department; allowance for assistance
- Section 70 Clerks of Boston municipal and juvenile court departments; allowance for assistance
- Section 71 to 73 Repealed, 1922, 399, Sec. 3
- Section 74 Monthly installments
- Section 75, 75A Repealed, 1978, 478, Sec. 224
- Section 75B Salaries of assistant clerks of Boston municipal court department
- Section 76, 76A Repealed, 1978, 478, Sec. 224
- Section 77 Repealed, 1955, 741, Sec. 1A
- Section 77A, 77B Repealed, 1978, 478, Sec. 224
- Section 78 Repealed, 1975, 863, Sec. 6
- Section 79 Salaries of clerks
- Section 80 Compensation of assistant clerks; practice of law
- Section 80A Boston municipal court department; salaries of secretary and assistant secretary to justices
- Section 81 Traveling expenses
- Section 82 Repealed, 1956, 738, Sec. 8
- Section 82A Repealed, 1969, 867, Sec. 2
- Section 83 Repealed, 1931, 301, Sec. 36
- Section 84 Computation of compensation
CHAPTER 219 TRIAL JUSTICES [Repealed, 1953, 319, Sec. 1.]
CHAPTER 220 COURTS AND NATURALIZATION
- Section 1 Flags; display in courts
- Section 2 General powers
- Section 3 Conservators of peace; powers of justices
- Section 4 First day of sitting; designation
- Section 5 Change of time and place of court; notice
- Section 6 Business days; exceptions
- Section 7 Process servers
- Section 8 Purchase of claims by attorney and court officers, etc., prohibited; penalty
- Section 9 Criers
- Section 10 Judge, etc.; interest of town in suit or proceeding
- Section 11 United States judicial officer; ineligibility for certain offices
- Section 12 Referee in bankruptcy; ineligibility for certain offices
- Section 13 Exclusion of minors as spectators from court room
- Section 13A Contempt cases; rights of defendant
- Section 13B Contempt cases; demand for retirement of justice sitting
- Section 14 Commitment for contempt; service of process
- Section 14A Time within which certain decisions to be rendered
- Section 15 Jurisdiction
- Section 16, 17 Repealed, 1932, 144, Sec. 3
- Section 18 Declarations of intention
- Section 19 Repealed, 1932, 16
CHAPTER 221 CLERKS, ATTORNEYS AND OTHER OFFICERS OF JUDICIAL COURTS
- Section 1 Clerk of court for commonwealth; appointment; term, etc.
- Section 2 Duties
- Section 3 Election of clerks; term
- Section 4 First assistant clerks; appointment
- Section 5 Assistant clerks; appointment
- Section 5A Assistant and first assistant clerks; practice of law
- Section 6 Repealed, 1978, 478, Sec. 234
- Section 6A Superior court for county of Middlesex; equity clerk
- Section 6B Superior court for county of Essex; equity clerk
- Section 6C Superior court for county of Essex; criminal proceedings clerk
- Section 6D Superior court for county of Norfolk; criminal proceedings clerk
- Section 6E Superior court for county of Worcester; equity proceedings clerk
- Section 6F Superior court for county of Worcester; criminal proceedings clerk
- Section 6G Superior court for county of Middlesex; criminal proceedings clerk
- Section 6H Repealed, 1975, 50
- Section 6I Superior court for county of Plymouth; equity proceedings clerk
- Section 6J Superior court for county of Plymouth; criminal proceedings clerk
- Section 6K Superior court for county of Hampden; equity proceedings clerk
- Section 6L Superior court for county of Hampden; criminal proceedings clerk
- Section 6M Superior court for county of Bristol; criminal proceedings clerk
- Section 6N Superior court for county of Bristol; civil proceedings clerk
- Section 6O Superior court for county of Bristol; equity proceedings clerk
- Section 7 Deputy assistant clerks
- Section 8 Temporary clerks
- Section 9 Temporary assistant clerks; manner of appointment
- Section 10 Temporary clerk; appointment by court
- Section 11 Oath of clerk
- Section 12 Bonds of clerks
- Section 13 Assistant clerk; notice to secretary of state of vacancies
- Section 14 General duties of clerks
- Section 15 Supreme judicial court in Suffolk; duties of clerk and assistant clerk
- Section 16 Superior court in Suffolk; duties of clerk
- Section 16A Unified session clerk; designation
- Section 17 Facsimile of signature of clerk; signature of assistant clerk
- Section 18 Affidavits in court proceedings
- Section 19 Duty to forward notices of appeal, etc., to attorney general
- Section 20 Rescripts, notice of
- Section 21 Repealed, 1973, 1114, Sec. 78
- Section 22 Orders of notice; power of clerk to issue
- Section 23 Alphabetical list of parties
- Section 24 Repealed, 1956, 707, Sec. 3
- Section 25 Repealed, 1953, 319, Sec. 27
- Section 26 Physicians or unregistered practitioners convicted of crimes; clerk to report convictions to board of registration in medicine
- Section 27 Extension of papers on record
- Section 27A Obsolete or useless papers; disposition, destruction or storage
- Section 28 Records; duty of clerk to exhibit
- Section 29 Records; duty of justices to inspect
- Section 30 Forfeiture of bond
- Section 31 Misconduct in office; liability
- Section 32 Fees; duty of clerks to account
- Section 33 Assistant clerk; duties
- Section 34 Repealed, 1931, 426, Sec. 291
- Section 34A Establishment; purpose; membership; term
- Section 34B Reports to governor; rules of practice and procedure
- Section 34C Compensation; clerical expenses
- Section 34D Repealed, 1983, 673, Sec. 3
- Section 34E Members, terms; executive director; legal advisors; volunteer legal assistance program; information program; procedures; funds
- Section 35 Appointment; statements of financial interest
- Section 36 Examinations for admission to bar; eligibility; board expenses
- Section 36A Admission to the bar; educational requirements of World War II veterans
- Section 37 Petition for examination for admission to the bar; fees
- Section 38 Oath of office
- Section 38A Aliens; petitions and examinations
- Section 39 Attorneys from sister states; conditions for admissions
- Section 40 Removal; grounds; expenses
- Section 41 Unauthorized practice of law; solicitation of business; penalty
- Section 42 Standing of attorneys; records
- Section 43 Claims for damages; solicitation prohibited
- Section 44 Disqualification for violation of Sec. 43
- Section 44A Employees of hospitals or other medical institutions; communication with attorney concerning personal injury cases
- Section 44B Copies of Sec. 44A; furnishing to hospitals; posting
- Section 45 Sheriffs, deputy sheriffs and constables; practice of law prohibited
- Section 46 Practice of law by corporations; prohibition; exception
- Section 46A Practice of law; persons authorized
- Section 46B Jurisdiction to restrain violation of Sec. 46, 46A or 46C
- Section 46C Furnishing services to debtor in debt pooling plan; unauthorized practice of law
- Section 46D Credit counseling corporations, applicability of Secs. 46 to 46C
- Section 47 Repealed, 1935, 346, Sec. 3
- Section 48 Prosecution or defense of own suits; restriction
- Section 49 Repealed, 1935, 346, Sec. 3
- Section 50 Attorney’s lien for fees; enforcement
- Section 50A Discharge of state or political subdivision from liability for attorney’s lien
- Section 50B Claims; summary determination
- Section 51 Failure to pay client’s money; penalty
- Section 52 Disqualification of attorney to act in suits previously decided by him
- Section 53 Masters in chancery
- Section 54 Completion of business on expiration of commission
- Section 55 Compensation of masters, etc.
- Section 56 Repealed, 1975, 377, Sec. 17
- Section 57 Masters; appointment
- Section 58 Masters; hearings; reports; judgment
- Section 59 Auditors; discharge by court
- Section 60 Repealed, 1932, 40, Sec. 2
- Section 61 Masters; compensation and travel expenses
- Section 62 Reports of masters
- Section 62A Masters; death or incapacity; compensation
- Section 62B Clerks of courts as magistrates
- Section 62C Magistrates; powers and duties
- Section 63 Appointment; tenure
- Section 64 Preparation of reports; time of publication
- Section 64A Printing and sale of reports of decisions of supreme judicial and appeals courts; advertisement for bids; award and execution of contracts; performance bond
- Section 65 Style of reports
- Section 66 Opinions; duration and manner of keeping
- Section 67 Deputy reporter
- Section 68 Compensation of reporter
- Section 69 Number; compensation for attendance
- Section 69A Court officer appointments and removals; security of John Adams courthouse
- Section 70 Appointment; security of John Adams courthouse
- Section 70A Court officers; performance of police powers and duties
- Section 71 Chief deputy sheriff for Suffolk, Middlesex and Hampden; chief court officer for Hampden, Norfolk and Worcester counties
- Section 71A Assistant chief court officers in Suffolk county
- Section 72 Tenure
- Section 73 Compensation in Suffolk county land court and probate court
- Section 73A Repealed, 1945, 388, Sec. 2
- Section 73B Compensation in Suffolk county supreme judicial court and appeals court
- Section 74 Repealed, 1931, 301, Sec. 40
- Section 75 Deputy sheriffs and constables; compensation
- Section 76 Administrative assistant and messengers in Suffolk county; appointment; compensation; duties
- Section 76A Superior court in Suffolk county; assistant messenger
- Section 77 Premiums on official bonds; payment
- Section 78 Supreme judicial court in Suffolk county; service of venires; bond
- Section 79 Witnesses; summoning in Suffolk and Worcester; expenses
- Section 80 Uniforms of court officers
- Section 81 Double compensation prohibited
- Section 82 Appointment of stenographers in superior court
- Section 83 Temporary stenographers; fees
- Section 84, 85 Repealed, 1927, 332, Sec. 3
- Section 86 Stenographer for grand jury; appointment; custody of notes
- Section 87 Duties of stenographers; regulations
- Section 88 Furnishing transcripts of notes; fees
- Section 89 Clerical assistants
- Section 90 Repealed, 1922, 228, Sec. 1
- Section 90A Services rendered outside appointing county; compensation; statement
- Section 91 Superior courts; compensation of stenographers
- Section 91A Repealed, 1972, 492, Sec. 3
- Section 91B Employment of stenographer by defendant; admissibility of transcripts of notes; application of section
- Section 91C Appointment of stenographer in civil cases before auditor or master; admissibility of transcripts
- Section 91D Court reporters; practices; contracts
- Section 92 Appointment of interpreters; compensation
- Section 92A Interpreters for the deaf or hearing-impaired; court proceedings; arrests; admissibility of evidence; fees and expenses; privileged communications
- Section 93 Supreme judicial court; salaries of clerks
- Section 94 Manner of payment; salaries of clerks and assistant clerks
- Section 94A Repealed, 1949, 774, Sec. 4
- Section 95 to 98 Repealed, 1931, 301, Sec. 47
- Section 99 Traveling expenses
- Section 100 Temporary and assistant clerks; salaries
- Section 101 Salaries as full compensation
- Section 102 Clerical assistance
CHAPTER 221A THE MASSACHUSETTS LEGAL ASSISTANCE CORPORATION ACT
- Section 1 Definitions
- Section 2 Creation of corporation; purpose
- Section 3 Board of directors
- Section 4 Executive director; employees
- Section 5 Vice chairman, secretary and treasurer of board of directors; duties; bond
- Section 6 Powers of corporation
- Section 7 Compliance of recipients and employees with chapter provisions and rules, etc.; attorney responsibilities; non-English speaking clients
- Section 8 Participation in litigation; influencing legislation; political activity; attorney compensation
- Section 9 Financial assistance to state and local programs
- Section 10 Annual report
- Section 11 Audit
- Section 12 Legal assistance fund; applications; financial statements
CHAPTER 221B CHILD SUPPORT HEARING OFFICERS
- Section 1 Declaration of purpose; effective date of chapter
- Section 2 Certification of officers; performance review; recertification and removal
- Section 3 Committee on child support hearing officers; membership; terms; chairman
- Section 4 Child support cases; procedures; power of hearing officers
- Section 5 Rules
- Section 6 Powers of hearing officers
- Section 7 Power of hearing officers to make orders
- Section 7A Review and approval of orders or judgments
- Section 8 Reconsideration hearing
- Section 9 Orders and judgments; effective date; stays
- Section 10 Appeals
CHAPTER 221C COURT INTERPRETERS FOR THE TRIAL COURT
- Section 1 Definitions
- Section 2 Right to assistance; availability of qualified interpreters; reports
- Section 3 Waiver of right to interpreter
- Section 4 Oath; verification of testimony; privileged communications
- Section 5 Removal of interpreter
- Section 6 Compensation; expenses
- Section 7 Committee for the administration of interpreters for trial court; coordinator of court interpreter services; appointment; duties
CHAPTER 222 JUSTICES OF THE PEACE, NOTARIES PUBLIC AND COMMISSIONERS
- Section 1 Appointment and jurisdiction of justices of the peace and notaries public
- Section 2 Repealed, 1923, 164, Sec. 7
- Section 3 Appointment of commissioners to administer oaths of office; returns; fees
- Section 4 Appointment of commissioners; term
- Section 5 Oath; seal
- Section 6 Powers and duties
- Section 7 Instructions to commissioner
- Section 8 Acknowledgment of instrument; printed or typed name; expiration date
- Section 8A Duty to print name below signature on probate matters
- Section 9 Acting as justice or notary after expiration of commission; penalty
- Section 10 Destruction of notary’s records; penalty
- Section 11 Acknowledgments by persons in armed forces or their dependents
- Section 12 Exemptions from maintaining journal of notary transactions
CHAPTER 265 CRIMES AGAINST THE PERSON
- Section 1 Murder defined
- Section 2 Punishment for murder; parole; executive clemency
- Section 3 Duel; wound without and death within state; venue
- Section 4 Accessory in duel
- Section 5 Duel; conviction or acquittal in foreign state; effect
- Section 6 to 8 Repealed, 1962, 285, Sec. 2
- Section 9 Prize fighting; engaging
- Section 10 Prize fight; aiding or promoting; penalty
- Section 11 Prize fight; appointment within and fight without state; penalty
- Section 12 Boxing matches; penalty
- Section 13 Manslaughter; punishment
- Section 13A Assault or assault and battery; punishment
- Section 13B Indecent assault and battery on child under age of 14; penalties
- Section 13B 1/2 Commission of indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters; penalties
- Section 13B 3/4 Commission of indecent assault and battery on a child under the age of 14 by certain previously convicted offenders; penalties
- Section 13C Assault and battery to collect loan; penalty
- Section 13D Assault and battery upon public employees; penalty
- Section 13D 1/2 Firefighters, injuries resulting from criminal offenses; penalty
- Section 13E Repealed, 1971, 1011, Sec. 2
- Section 13F Indecent assault and battery on mentally retarded person; assault and battery
- Section 13G Commission of a felony for hire; additional punishment
- Section 13H Indecent assault and battery on person fourteen or older; penalties
- Section 13I Assault or assault and battery on emergency medical technician, ambulance operator, or ambulance attendant
- Section 13J Assault and battery upon a child; penalties
- Section 13K Assault and battery upon an elderly or disabled person; definitions; penalties
- Section 13L Wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child; duty to act; penalty
- Section 13M Assault and battery on a family or household member; second or subsequent offense; penalty
- Section 14 Mayhem; punishment
- Section 15 Assault; intent to murder or maim; penalty
- Section 15A Assault and battery with dangerous weapon; victim sixty or older; punishment; subsequent offenses
- Section 15B Assault with dangerous weapon; victim sixty or older; punishment; subsequent offenses
- Section 15C Assault by means of hypodermic syringe or needle; assault and battery by means of hypodermic syringe or needle
- Section 16 Attempt to murder
- Section 17 Armed robbery; punishment
- Section 18 Assault with intent to rob or murder; weapons; punishment; victim sixty years or older; minimum sentence for repeat offenders
- Section 18A Dangerous weapon; assault in dwelling house; punishment
- Section 18B Use of firearms while committing a felony; second or subsequent offenses; punishment
- Section 18C Entry of dwelling place; persons present within; weapons; punishment
- Section 19 Robbery by unarmed person; punishment; victim sixty or older; minimum sentence for repeat offenders
- Section 20 Simple assault; intent to rob or steal; punishment
- Section 21 Stealing by confining or putting in fear
- Section 21A Assault, confinement, etc. of person for purpose of stealing motor vehicle; weapons; punishment
- Section 22 Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs
- Section 22A Rape of child; punishment
- Section 22B Rape of a child during commission of certain offenses or by use of force; penalties
- Section 22C Rape of a child through use of force by certain previously convicted offenders; penalties
- Section 23 Rape and abuse of child
- Section 23A Rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters; penalties
- Section 23B Rape and abuse of child by certain previously convicted offenders; penalties
- Section 24 Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs
- Section 24A Venue
- Section 24B Assault of child; intent to commit rape; weapons; punishment
- Section 24C Victim’s name; confidentiality
- Section 25 Attempted extortion; punishment
- Section 26 Kidnapping; weapons; child under age 16; punishment
- Section 26A Kidnapping of minor or incompetent by relative; punishment
- Section 26B Drugging persons for kidnapping
- Section 26C Definition of “entice”; enticement of child under age 16; punishment
- Section 27 Kidnapping; venue
- Section 27A Kidnapping of minor or incompetent by relative; venue
- Section 28 Poison; use with intent to injure; punishment
- Section 29 Assault; intent to commit felony; punishment
- Section 30 Gross negligence; persons having care of common carrier; penalty
- Section 31 Repealed, 1962, 285, Sec. 2
- Section 32 Glass; throwing in public streets and beaches; penalty
- Section 33 Repealed, 1962, 285, Sec. 2
- Section 34 Tattooing body of person by other than qualified physician; punishment
- Section 35 Throwing or dropping objects onto public way; punishment
- Section 36 Throwing or dropping objects at sporting events; punishment
- Section 37 Violations of constitutional rights; punishment
- Section 38 Repealed, 2004, 501, Sec. 9
- Section 39 Assault or battery for purpose of intimidation; weapons; punishment
- Section 40 Causing serious bodily injury to participants in physical exercise training programs; punishment
- Section 41 Sentence not imposing imprisonment; specific reasons in record
- Section 42 Use of radios without earphones on public conveyances; punishment
- Section 43 Stalking; punishment
- Section 43A Criminal harassment; punishment
- Section 44 Coercion of child under eighteen into criminal conspiracy; penalties
- Section 45 Community parole supervision for life following imprisonment, probation or treatment center sentence; covered offenses
- Section 46 Taking from deceased victim’s estate prohibited
- Section 47 Global positioning system device to be worn by certain sex offender probationers
- Section 13 1/2 Punishment for manslaughter while operating a motor vehicle
CHAPTER 271 CRIMES AGAINST PUBLIC POLICY
- Section 1 Gaming or betting; forfeiture
- Section 1A “House”, “building” and “place” including ship or vessel
- Section 2 Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant
- Section 3 Innholders and others keeping or suffering implements to be used for gaming
- Section 4 Gaming in inns and other occupied places; use of billiard table, bowling alley or other implement for gaming
- Section 5 Gaming, lottery, pool or betting houses; tables or apparatus for gaming
- Section 5A Gambling devices; forfeiture; antique slot machines
- Section 6 Gaming relative to cattle shows, military muster or public gathering; arrest without warrant
- Section 6A Plans under which purchasers agree to obtain more purchasers; injunction; receivers
- Section 6B Skilo and similar games
- Section 6C Repealed, 1998, 1
- Section 7 Lotteries; disposal of property by chance
- Section 7A Raffles and bazaars; conduct by certain organizations
- Section 8 Permitting lotteries, raffles and games of chance in buildings
- Section 9 Lottery tickets; sale, or possession
- Section 10 Subsequent offenses within five years of conviction
- Section 10A Arrest without warrant
- Section 11 Lottery tickets; advertising
- Section 12 False lottery tickets; creation, sale, or possession
- Section 13 Lottery tickets, tokens or shares deemed false
- Section 14 Forfeiture of money, prizes, or other property disposed of by chance; recovery
- Section 15 Lottery for money drawn out of commonwealth; aiding or promoting
- Section 16 Tickets of lottery described in Sec. 15; sale or possession
- Section 16A Organizing or promoting gambling facilities or services
- Section 17 Place for registering bets or dealing in pools; owner or occupant; custodian or depository
- Section 17A Telephones; use for gaming purposes
- Section 17B Use of electronic communications records in ongoing criminal investigations; subpoena of records
- Section 18 Policy lotteries or shops; production, sale or possession of lottery tickets or tokens
- Section 19 Production, advertisement or delivery of tickets; receipt of money; prima facie evidence
- Section 20 Tickets, memoranda, books and sheets; nuisance; possession; concealment
- Section 21 Words, figures or characters referring to game or contest; prima facie evidence; proof
- Section 22 Delivery to or from a person engaged in a lottery or other gaming
- Section 22A Whist or bridge for charitable and similar purposes
- Section 22B Beano; sale of lottery tickets
- Section 23 Oath and warrant to enter gaming or lottery place, arrest persons and seize implements and materials; disposal of articles
- Section 24 Race tracks; owners, proprietors of, or persons present
- Section 25 Obstructions barring access to gaming places; removal; lien of expenses
- Section 26 Subsequent obstructions; removal; punishment; lien
- Section 27 Judicial notice of methods and character of lotteries, policy games, pools and betting; prima facie evidence
- Section 28 Lotteries or gaming; complaints and indictments
- Section 29 Sale, exchange or disposition of property; misrepresentation
- Section 30 Trading stamps or similar devices; sale or delivery
- Section 31 Racing horses for bets or stakes
- Section 31A Racing results or information; transmission for unlawful purposes
- Section 32 Horse racing; fraud
- Section 33 Race grounds in towns
- Section 34 Race grounds as nuisance; abatement
- Section 35 Definition of words and phrases used in Secs. 35 to 38
- Section 36 Bucketing contracts; keeper of shop; domestic and foreign corporations
- Section 37 Prohibited contracts; price quotations
- Section 38 Purchases and sales of securities or commodities; written statement
- Section 39 Gifts to influence business affairs; threats
- Section 39A Gifts to influence action of participants in, and others connected with, a game or contest
- Section 40 Appointment, reinstatement or discharge of employee of public service corporation or racing licensee on recommendation of public officer, officer elect or candidate
- Section 41 Offices not public offices under Sec. 40
- Section 42 Boxing matches or exhibitions; betting or selling pools
- Section 43 Solicitation, disclosure, receipt or use of information concerning public assistance
- Section 44 Hospital or sanitarium patient; settlement, release or statement; admissibility
- Section 45 Repealed, 1982, 21, Sec. 2
- Section 46 Discarded containers originally used for refrigerative purposes; removal of doors
- Section 47 Telephones; gambling convictions; approval for installation; notices of convictions and removals
- Section 48 Civil service preparatory courses; advertisement
- Section 49 Criminal usury
- Section 50 Sale of research papers, etc.; taking of examinations for another at educational institutions