Section 62C. A magistrate designated under the previous section, in addition to his powers and duties as clerk, may:
(a) grant such continuances as are agreed upon by all parties to any proceeding and as may be allowed by rule of court;
(b) hear and rule on any uncontested non-evidentiary motion as may be allowed by rule of court;
(c) call such pre-trial conferences as are deemed expedient for the purpose of ascertaining the trial readiness of parties to an action and of establishing a date for trial;
(d) mediate actions under section twenty-two of chapter two hundred and eighteen;
(e) receive citations and hold hearings pursuant to subsection A of section three of chapter ninety C.
(f) receive petitions and review orders pursuant to section one hundred and fifty-seven of chapter one hundred and forty;
(g) hold preliminary hearings to determine whether there is probable cause to believe that a probationer has violated the terms of his probation.
(h) set bail on arraignments during the normal court day, when a justice is unavailable.
The powers of magistrates as provided herein shall be exercised as allowed by rule of court promulgated by the administrative justice of the appropriate department and approved by the supreme judicial court.
Notes of Decisions
Carter v. Lynn Hous. Auth., 880 N.E.2d 778 (Mass. 2008).
“221, § 62B, clerks of the Housing Court “also have the title of magistrate” and have certain powers and duties, in addition to those that they have as clerks, as enumerated in G. L. c. 221, § 62C. As the Appeals Court noted, Moore’s affidavit was not before the hearing officer…”
Commonwealth v. Fling, 852 N.E.2d 1137 (Mass. App. Ct. 2006).
“See, however, G. L. c. 221, § 62C(ti); First Justice of the Bristol Div.”
In the Matter of Dugan, 635 N.E.2d 246 (Mass. 1994).
· cites it 2× “) (right to issue witness summons in criminal cases); G. L. c. 221, § 62C (c) (1992 ed.) (right to call pretrial conferences); G.”
In re Powers, 987 N.E.2d 569 (Mass. 2013).
“218, §§ 21 and 22, where $7,000 or less is at issue; civil motor vehicle infraction hearings, see G. L. c. 221, § 62C (e); and appeals of certain municipal bylaw violations, see, e.”
Acentech, Inc. v. Cecconi, 1994 Mass. App. Div. 44 (Mass. Dist. Ct., App. Div. 1994).
· cites it 2× “The clerk-magistrate, relying on G.L.c. 221, §62C(b) (which precludes a clerk-magistrate from hearing and ruling on contested motions) scheduled a hearing on the motion before the motion session judge.”
Mass. Gen. Laws ch. 221, § 62C(b): 2 cases
Acentech, Inc. v. Cecconi, 1994 Mass. App. Div. 44 (Mass. Dist. Ct., App. Div. 1994).
“The clerk-magistrate, relying on G.L.c. 221, §62C(b) (which precludes a clerk-magistrate from hearing and ruling on contested motions) scheduled a hearing on the motion before the motion session judge.”
Mass. Gen. Laws ch. 221, § 62C(ti): 1 case
Commonwealth v. Fling, 852 N.E.2d 1137 (Mass. App. Ct. 2006).
“See, however, G. L. c. 221, § 62C(ti); First Justice of the Bristol Div.”
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