Massachusetts General Laws

Mass. Gen. Laws ch. 218, § 30 (2026)

Binding over to superior court

✓ current as of July 2026

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Section 30. They shall commit or bind over for trial in the superior court persons brought before them who appear to be guilty of crimes not within their final jurisdiction, and may so commit or bind over persons brought before them who appear to be guilty of crimes within their final jurisdiction. If such a person is committed for failure to recognize as ordered, the superior court shall thereupon have jurisdiction of the case against such person for the purpose of revising the amount of bail theretofore fixed.

Notes of Decisions

Cited in 32 cases (1 in the last 5 years), 1925–2021 · leading case: Commonwealth v. Clemmons, 346 N.E.2d 864 (Mass. 1976).

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Commonwealth v. Clemmons, 346 N.E.2d 864 (Mass. 1976). · cites it 14× “See G.L.c. 218, § 30. The defendant and his attorney believed that a trial on the charge of possession, an offense within the court's jurisdiction, was commencing.”

A Juv., 306 N.E.2d 822 (Mass. 1974). · cites it 5× “He contends that his interpretation is supported by the provision in § 75 that G. L. c. 218, § 30, “shall apply to any such case.”

Commonwealth v. Ortiz, 471 N.E.2d 1321 (Mass. 1984). · cites it 2× “Mustone, supra at 493 , quoting G. L. c. 218, § 30, as appearing in St. 1941, c.”

Commonwealth v. Nanny, 971 N.E.2d 762 (Mass. 2012). · cites it 3× “If a criminal complaint is issued, the case then proceeds in accordance with the ordinary course of criminal proceedings, G. L. c. 218, § 30, and G. L. c. 278, § 18, to the criminal session of a District or Superior Court.”

Myers v. Commonwealth, 298 N.E.2d 819 (Mass. 1973). · cites it 2× “See G.L.c. 218, § 30. Defendants are held for trial only if the examining magistrate finds (1) "that a crime has been committed" [5] and (2) "that there is probable cause to believe the prisoner guilty.”

Commonwealth v. Porges, 952 N.E.2d 917 (Mass. 2011). · cites it 2× “The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of [G. L. c. 218, § 30] and [G. L. c. 278, § 18].”

Lataille v. Dist. Court of E. Hampden, 320 N.E.2d 877 (Mass. 1974). · cites it 2× “In cases not within the jurisdiction of a District Court, and in cases where a judge of that court declines to exercise final jurisdiction, a determination must be made whether the person complained of “appearfs] to be guilty of crimes” and shall be bound over for trial in…”

Commonwealth v. Reese, 781 N.E.2d 1225 (Mass. 2003). “” A bind-over hearing is held pursuant to G. L. c. 218, § 30: “[The District Court] shall commit or bind over for trial in the superior court persons brought before them who appear to be guilty of crimes not within their final jurisdiction, and may so commit or bind over persons…”

Dist. Attorney v. Lowell Div. of the Dist. Court Dep't, 524 N.E.2d 81 (Mass. 1988). · cites it 3× “Our determination that the changes made by the Legislature indicate an intent to permit jurisdiction over transferred juveniles in the District Court is supported by the reference in § 61 to G. L. c. 218, § 30. Section 30 of c. 218 grants the District Court discretion to retain…”

Commonwealth v. Seminara, 483 N.E.2d 92 (Mass. App. Ct. 1985). “3 See generally G. L. c. 218, § 30; Lataille v. District Court of E.”

Commonwealth v. Raposa, 437 N.E.2d 215 (Mass. 1982). · cites it 2× “Here, the Commonwealth initially elected to prosecute complaints at the District Court level.”

Commonwealth v. McCan, 78 A.L.R. 1208 (Mass. 1931). “G. L. c. 218, § 30. Whether the Municipal Court would have jurisdiction to sentence a defendant for simple assault when satisfied beyond reasonable doubt upon all the evidence that the higher crime had been committed, need not be considered.”

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