Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 81 (2026)

Charges as to facts, etc

✓ current as of July 2026

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Section 81. The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law.

Notes of Decisions

Cited in 32 cases, 1925–2017 · leading case: Matsuyama v. Birnbaum, 452 Mass. 1 (Mass. 2008).

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Matsuyama v. Birnbaum, 452 Mass. 1 (Mass. 2008). · cites it 2× “See also G. L. c. 231, § 81. 55 However, a remand will not be necessary.”

Commonwealth v. Ramey, 330 N.E.2d 193 (Mass. 1975). · cites it 4× “231, § 81, which provides: “The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law”; and (b) they violate the defendants’ constitutional rights to have factual questions decided by a jury and to have them decided solely…”

Commonwealth v. Perez, 455 N.E.2d 632 (Mass. 1983). · cites it 2× “See G.L.c. 231, § 81. Second, the implication that Alvarez's testimony was against his interest was misleading because it suggested, without evidentiary support, and perhaps contrary to fact, that he had nothing to gain by it.”

Goldstein v. Gontarz, 309 N.E.2d 196 (Mass. 1974). · cites it 2× “The defendants contend that the judge "charge[d] with respect to matters of fact" in violation of G.L.c. 231, § 81, [14] in the sense of putting undue stress on evidence favorable to the plaintiff and skimping evidence on the defendants' side.”

Collins v. Baron, 467 N.E.2d 171 (Mass. 1984). · cites it 2× “The plaintiff's argument to the judge, and on appeal, that the statement as recounted in the proposed instruction was uncontradicted, and indeed verified, by the defendant and therefore binding, see P.J. Liacos, Massachusetts Evidence 129-131 (5th ed.”

Commonwealth v. Porter, 429 N.E.2d 14 (Mass. 1981). “See G. L. c. 231, § 81. To the extent the defendant argues the judge should have identified the facts constituting consciousness of guilt (e.”

Commonwealth v. McColl, 376 N.E.2d 562 (Mass. 1978). “The judge succeeded in giving the jury many practical standards and tests with which to approach the conflicting expert opinions. 3. The defendant argues that the judge’s comment in the following colloquy denied him a fair trial: Defendant’s counsel: “Well, you’re talking about…”

Abington Nat'l Bank v. Ashwood Homes, Inc., 475 N.E.2d 1230 (Mass. App. Ct. 1985). “Indeed, contrary to the mandate of G. L. c. 231, § 81 (“The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law”), the statements were made repeatedly.”

Shahzade v. C.J. Mabardy, Inc., 586 N.E.2d 3 (Mass. 1992). · cites it 2× “See G. L. c. 231, § 81 (1990 ed.). e. During the course of trial, a number of the plaintiff’s hospital records were introduced in evidence, including records from the emergency department at Choate-Symmes Hospital where the plaintiff was treated on the night of the accident.”

Commonwealth v. Cote, 363 N.E.2d 276 (Mass. App. Ct. 1977). “For example, G. L. c. 231, § 81, states, ‘The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law.”

Commonwealth v. Callahan, 438 N.E.2d 5 (Mass. 1982). “See G. L. c. 231, § 81. However, we are of the opinion that if the judge felt it necessary to refer to the statute, fairness to the defendant required him to explain fully its relevant portions and to point out that the defendant could have consented to an extension beyond the…”

Commonwealth v. Binkiewicz, 175 N.E.2d 473 (Mass. 1961). “It was not a charge on the facts. The suggestion that it may have implied that Binkiewicz had or was concealing the gun is far fetched.”

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