Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 20E (2026)

Application for witness immunity by attorney general or district attorney; hearing; representation of witness; notice or waiver; transcript

✓ current as of July 2026
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Section 20E. (a) A justice of the supreme judicial court, appeals court or superior court shall, at the request of the attorney general or a district attorney, and after a hearing, issue an order granting immunity to a witness, provided that such justice finds that the investigation or proceeding before the grand jury or the criminal proceeding in the supreme judicial court, appeals court or superior court involves an offense listed in section 20D and that the witness did validly refuse, or is likely to refuse, to answer questions or produce evidence on the grounds that such testimony or such evidence might tend to incriminate him. If such justice so finds, such justice shall order the witness to answer the questions or produce the evidence requested and, if he so orders, such order and the order granting immunity shall be in writing and shall become effective upon the refusal of the witness to answer any question or produce any evidence requested on the basis of his privilege against self-incrimination.

(b) The witness shall be entitled to representation by an attorney at the hearing, which shall not be open to the public. The court may appoint counsel for the witness.

(c) An application filed pursuant to this section shall, at the request of the attorney general or a district attorney, act to stay any criminal proceedings in the supreme judicial court, appeals court or superior court, but not grand jury proceedings, until such time as a justice acts upon such application; provided, however, that a justice shall conduct an expedited hearing when such application is brought after the impanelment of a jury in the superior court.

(d) When the attorney general or a district attorney brings such application, he shall, at least three days before the date fixed for hearing on his application, send by certified mail or deliver a copy of such application to the attorney general and to each other district attorney in the commonwealth. The attorney general and any of the district attorneys may waive, either orally or in writing, his right to be served with such application. The attorney general and any such district attorney may file an appearance and have the right to be heard at the hearing as herein provided.

(e) An affidavit of proof of service or, in the alternative, waiver of such service, upon each district attorney and the attorney general shall be filed with the court.

(f) A transcript shall be made of the proceedings at the hearing and a certified copy of said transcript shall be transmitted to the grand jury or the court, whichever is appropriate.

Notes of Decisions
Cited in 42 cases, 1973–2020 · leading case: Commonwealth v. Russ R., 744 N.E.2d 39 (Mass. 2001).
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Commonwealth v. Russ R., 744 N.E.2d 39 (Mass. 2001). · cites it 4× “” G. L. c. 233, § 20E (a). 4. Discussion. Mindful of the history of the statutes and the subsequent amendments, as well as long-standing principles of statutory construction, we consider the relationship between G.”
Commonwealth v. Meas, 5 N.E.3d 864 (Mass. 2014). · cites it 3× “The judge then instructed the jury as follows: “[Tjestimony has been offered by this witness who has been granted immunity under [G. L. c. 233, § 20E], The statute provides in pertinent part that a justice of the Supreme Judicial Court, Appeals Court, or Superior Court shall, at…”
Commonwealth v. Alicea, 985 N.E.2d 1197 (Mass. 2013). · cites it 3× “At a hearing on the parties’ pretrial motions on January 16, 2004, the judge reviewed the Commonwealth’s proposed application for a grant of immunity pursuant to G. L. c. 233, § 20E, for the witness Eliezer Herrera, whom the defendant argued was the shooter.”
Commonwealth v. Vacher, 14 N.E.3d 264 (Mass. 2014). · cites it 2× “The defendant argues that the scheme for immunizing witnesses in the Commonwealth, whereby an order granting immunity to a trial witness may be issued only “at the request of the attorney general or a district attorney,” G. L. c. 233, § 20E (a), is unconstitutional insofar as it…”
Commonwealth v. Figueroa, 887 N.E.2d 1040 (Mass. 2008). · cites it 3× “See G. L. c. 233, § 20E (a). At the hearing, Laboy stated that he could not recall whether the defendant said that he shot someone.”
Attorney Gen. v. Colleton, 444 N.E.2d 915 (Mass. 1982). · cites it 2× “Counsel for the defendant reiterated the defendant’s willingness to give testimony if he were granted immunity under G. L. c. 233, § 20E. The assistant attorney general stated that the Attorney General could not, and would not, petition to the Supreme Judicial Court for a grant…”
Commonwealth v. Mercado, 993 N.E.2d 661 (Mass. 2013). · cites it 3× “The evidence of the incident itself, introduced through the testimony of four different witnesses who were present at the shooting, all of whom had been granted immunity pursuant to G. L. c. 233, § 20E, centered on the interaction of various individuals in two apartments on the…”
Commonwealth v. Donahue, 344 N.E.2d 886 (Mass. 1976). · cites it 2× “The defendant argues that the judge misunderstood and misapplied the statute (G. L. c. 233, §§ 20E and 20F) with regard to the grant of immunity to the witness Brian Fernald.”
Commonwealth v. McGhee, 35 N.E.3d 329 (Mass. 2015). “See G. L. c. 233, § 20E. She described her work as a dancer and an escort.”
Commonwealth v. Sullivan, 761 N.E.2d 509 (Mass. 2002). · cites it 2× “G. L. c. 233, § 20E, inserted by St. 1970, c.”
Commonwealth v. Funches, 397 N.E.2d 1097 (Mass. 1979). “G. L. c. 233, § 20E. Violation of the narcotic drug laws is among the offenses for which immunity may be granted.”
Commonwealth v. DeBrosky, 297 N.E.2d 496 (Mass. 1973). · cites it 2× “[G. L. c. 233, § 20E].” 7 We are presented for the first time with a question as to the meaning of the provision in § 201 that a defendant shall not be convicted “solely on the testimony” (emphasis supplied) of an immunized witness.”
Show all 42 citing cases →
— Mass. Gen. Laws ch. 233, § 20E(a) — 1 case
In Re: Grand Jury Investigation (Mass. Super. Ct. 2020).
— Mass. Gen. Laws ch. 233, § 20E(d) — 1 case
Frawley v. Watson, 14 Mass. L. Rptr. 141 (Mass. Super. Ct. 2001).
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