Massachusetts General Laws

Mass. Gen. Laws ch. 220, § 5 (2026)

Change of time and place of court; notice

✓ current as of July 2026

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Section 5. If it is unsafe or inexpedient to hold a court at the time and place appointed, a justice of the court may appoint another time and place within the same county for holding the same. Such adjournment shall be made by an order in writing, signed by the justice or justices, and served by public proclamation by the person to whom it is directed in the shire town or as near thereto as is safe, and also by publication in such newspaper or in such other manner as is required in the order.

Notes of Decisions

Cited in 3 cases, 1973–1999 · leading case: Commonwealth v. DeBrosky, 297 N.E.2d 496 (Mass. 1973).

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Commonwealth v. DeBrosky, 297 N.E.2d 496 (Mass. 1973). · cites it 2× “In the discretion of the judge, any reason for a lack of “safety” or for a lack of expediency, if compelling in the circumstances, justifies action under G. L. c. 220, § 5. 3 The defendants rely on Commonwealth v.”

Commonwealth v. Aldoupolis, 457 N.E.2d 268 (Mass. 1983). “” Other statutes giving a Superior Court judge the authority to change the place of trial also limit that authority to set the place of trial within the same county.”

Foley v. Commonwealth, 709 N.E.2d 794 (Mass. 1999). “We reach the same conclusion with respect to G. L. c. 220, § 5, which authorizes a judge, after following certain procedures, to hold a court elsewhere in a county “[i]f it is unsafe or inexpedient to hold a court at the time and place appointed .”

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