Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 19 (2026)

Parties or witnesses; determination of mental condition

✓ current as of July 2026

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Section 19. In order to determine the mental condition of any party or witness before any court of the commonwealth, the presiding judge may, in his discretion, request the department to assign a qualified physician or psychologist, who, if assigned shall make such examinations as the judge may deem necessary.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1973–2024 · leading case: Commonwealth v. Gibbons, 393 N.E.2d 400 (Mass. 1979).

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Commonwealth v. Gibbons, 393 N.E.2d 400 (Mass. 1979). · cites it 9× “See G. L. c. 123, § 19. 1 After the complainant refused to submit to such an examination, the judge dismissed the indictment pending against Gibbons, and the Commonwealth appealed.”

Commonwealth v. Widrick, 467 N.E.2d 1353 (Mass. 1984). · cites it 6× “Further, he had neither seen nor examined R or B. The defendant asserts that these facts and circumstances exhibit a compelling need for psychiatric examinations of the children to be used for impeachment purposes at trial.”

Commonwealth v. Santos, 525 N.E.2d 388 (Mass. 1988). · cites it 3× “After Bartick identified two white men at the voir dire, the defendant moved for a competency examination pursuant to G. L. c. 123, § 19 (1986 ed.). 11 In these circumstances, the judge should have ordered a competency evaluation pursuant to G.”

Commonwealth v. Figueroa, 946 N.E.2d 142 (Mass. App. Ct. 2011). · cites it 5× “Jettisoning his reliance on rule 14, the defendant now claims that the motion judge “unquestionably had the authority to order an evaluation” of the victim pursuant to G. L. c. 123, § 19. Section 19 provides: “In order to determine the mental condition of any party or witness…”

Demoulas v. Demoulas, 428 Mass. 555 (Mass. 1998). “1998); G. L. c. 123, § 19. See also Commonwealth v.”

Commonwealth v. Trowbridge, 647 N.E.2d 413 (Mass. 1995). “At a voir dire, the doctor testified to the following: Dr.”

Commonwealth v. Gamache, 626 N.E.2d 616 (Mass. App. Ct. 1994). · cites it 2× “See G. L. c. 123, § 19. After receiving the doctor’s opinion, the judge found the child competent to testify.”

Commonwealth v. Hiotes, 789 N.E.2d 179 (Mass. App. Ct. 2003). · cites it 2× “A week before trial, the defendant filed a motion for a competency evaluation of the complainant, pursuant to G. L. c. 123, § 19. An accompanying affidavit from trial counsel averred that the complainant “possibly experiences auditory hallucinations and vague delusions,” and…”

McDonough, 930 N.E.2d 1279 (Mass. 2010). “Acting pursuant to G. L. c. 123, § 19, 11 the judge appointed a psychologist, Dr.”

Commonwealth v. Fillippini, 304 N.E.2d 581 (Mass. App. Ct. 1973). “” See now G.L.c. 123, § 19, as appearing in St. 1970, c.”

Commonwealth v. Doucette, 496 N.E.2d 837 (Mass. App. Ct. 1986). “Accordingly, the defendant was not treated unfairly when his counsel was refused permission to examine Van Dyke at the voir dire.”

Commonwealth v. Trowbridge, 636 N.E.2d 291 (Mass. App. Ct. 1994). “The judge’s decision not to seek the assignment of a qualified physician or psychologist from the Department of Mental Health was, as expressly stated in G. L. c. 123 § 19, a matter within his discretion.”

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