Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 107 (2026)

Circumstances making removal bond unnecessary

✓ current as of July 2026

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Section 107. No bond or deposit under section one hundred and four or one hundred and six shall be required of the commonwealth or any officer or employee thereof represented by the attorney general, or of a county, city, town or other municipal corporation, or of a board, officer or employee thereof represented by the city solicitor, town counsel or other officer having similar duties, or of a political subdivision, or of a party who has given bond according to law to dissolve an attachment or of a defendant in an action of tort arising out of the ownership, operation, maintenance, control or use of a motor vehicle or trailer as defined in section one of chapter ninety if the payment of any judgment for costs which may be entered against him is secured, in whole or in part, by a motor vehicle liability bond or policy or a deposit as provided in section thirty-four D of chapter ninety; and the court may in any case, for cause shown, after notice to adverse parties, order that no bond be given. Said district court may, upon cause shown and after notice to all adverse parties, permit such removal to the superior court, upon the terms above specified, at any time prior to final judgment.

Notes of Decisions

Cited in 6 cases, 1929–2003 · leading case: H. K. Webster Co. v. Mann, 269 Mass. 381 (Mass. 1929).

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H. K. Webster Co. v. Mann, 269 Mass. 381 (Mass. 1929). “” It is further provided, with respect to such removal from a district to the Superior Court, by G. L. c. 231, § 107, that the District Court “may, upon cause shown and after notice to all adverse parties, permit such removal to the Superior Court, upon the terms above…”

Coen Marine Equip., Inc. v. Kurker, 1983 Mass. App. Div. 221 (Mass. Dist. Ct., App. Div. 1983). “The statute (G.L. c. 231, § 107) makes it clear that if a late removal is to be allowed it must be done prior to the entry of final judgment.”

Fishman v. Paramount Cleaners & Dyers of Brockton, Inc., 2003 Mass. App. Div. 33 (Mass. Dist. Ct., App. Div. 2003). “With the claim must be filed the entry fee for the claim in Superior Court, and, except as provided in M.G.L.c. 231, §107 (concerning certain circumstances making a removal bond unnecessary), a bond in the penal amount of $100.”

Johnson v. Danny's Auto Body, Inc., 1984 Mass. App. Div. 83 (Mass. Dist. Ct., App. Div. 1984). “In this case, the defendant seeks a late removal after a mandated trial in the District Court and after judgment. Subject to the pendency of motions or other proceedings tolling the running of the ten day period, a District Court judge is not empowered to enlarge the time for…”

Mathias v. Rabidou, 1998 Mass. App. Div. 69 (Mass. Dist. Ct., App. Div. 1998). “The only reference therein to discretion is that, which a judge may exercise under G.L.c. 231, §107 to dispense, upon petition and for good cause shown, with a bond in specified cases.”

Kerr v. Palmieri, 3 Mass. App. Dec. 79 (1951). “G. L. c. 231, § 107, provides the conditions upon which a case may be removed.”

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