Massachusetts General Laws

Mass. Gen. Laws ch. 221, § 91B (2026)

Employment of stenographer by defendant; admissibility of transcripts of notes; application of section

✓ current as of July 2026

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Section 91B. At any hearing or proceeding in connection with a criminal case, including a hearing on the issuance of a complaint, at which a court appointed stenographer is not present, the defendant or the person against whom such complaint is filed may have the proceedings taken by a stenographer provided at his own expense. The judge or other officer presiding at such hearing or proceeding shall provide a suitable place in which such stenographer may hear and take notes of all testimony, arguments and rulings. The transcripts of notes taken by stenographers provided under authority of this section shall be admissible in accordance with the provisions of section eighty of chapter two hundred and thirty-three, except that the provisions of this section shall not be applicable to grand jury proceedings.

Notes of Decisions

Cited in 10 cases, 1968–2000 · leading case: Commonwealth v. DiPietro, 369 N.E.2d 811 (Mass. 1977).

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Commonwealth v. DiPietro, 369 N.E.2d 811 (Mass. 1977). · cites it 3× “The transcript of Marianne’s testimony in the District Court on November 25, 1974, was prepared by a stenographer provided by the defendant at his own expense, as then permitted by G. L. c. 221, § 91B, inserted by St. 1965, c.”

Commonwealth v. Britt, 285 N.E.2d 780 (Mass. 1972). · cites it 3× “But G.L.c. 221, § 91B, inserted by St. 1965, c.”

Katz v. Commonwealth, 399 N.E.2d 1055 (Mass. 1979). “346, § 1, which required stenographic recording for trials of felonies or misdemeanors tried with felonies. See Charpentier v.”

Almeida v. Lucey, 372 F. Supp. 109 (D. Mass. 1974). · cites it 2× “M.G.L. c. 221, § 91B. Otherwise the proceeding is a full criminal trial, presided over and determined by a member of the judiciary.”

Commonwealth v. Avery, 309 N.E.2d 497 (Mass. 1974). “G. L. c. 221, § 91B. Judgments affirmed.”

Charpentier v. Commonwealth, 379 N.E.2d 1067 (Mass. 1978). · cites it 2× “3 By contrast, when a defendant seeks review by one of the appellate procedures in which a stenographic record is not statutorily required, his right to a transcript of the proceedings below is more limited.”

Connaughton v. Dist. Court of Chelsea, 356 N.E.2d 1221 (Mass. 1976). · cites it 2× “G. L. c. 221, § 91B, inserted by St. 1965, c.”

Commonwealth v. Mustone, 233 N.E.2d 1 (Mass. 1968). “1 We do not view G. L. c. 221, § 91B, inserted by St. 1965, c.”

Blazo v. Superior Court, 315 N.E.2d 857 (Mass. 1974). “12 But by G. L. c. 221, § 91B, inserted by St. 1965, c.”

Commonwealth v. Toland, 11 Mass. L. Rptr. 685 (Mass. Super. Ct. 2000). “218, §35A), there is no right to a public hearing, no right to cross-examine witnesses, the rules of evidence do not apply, transcription of the proceedings is at the election and expense of the accused, an attorney’s participation is at the discretion of the magistrate, and the…”

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