Massachusetts General Laws

Mass. Gen. Laws ch. 248, § 25 (2026)

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✓ current as of July 2026

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Section 25. This chapter shall not affect the power of the supreme judicial court, or the superior court, or a justice thereof, to issue a writ of habeas corpus in its discretion, and thereupon grant bail to a person for whatever cause he has been committed or restrained, or to discharge him as law and justice require. The court shall have no power to issue a writ of habeas corpus, at its discretion for—a person who has been committed by the governor and council, the senate, or the house of representatives in the manner and for the causes mentioned in the constitution, or a person who is imprisoned or restrained of his liberty pursuant to a criminal conviction.

This chapter shall not affect the power of any court or magistrate to issue a writ of habeas corpus, when necessary to bring before it a prisoner for trial in a pending criminal case; or to bring a prisoner to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, if the personal attendance and examination of the witness is necessary for the attainment of justice.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1968–2025 · leading case: Hennessy v. Superintendent, Mass. Corr. Inst., 438 N.E.2d 329 (Mass. 1982).

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Hennessy v. Superintendent, Mass. Corr. Inst., 438 N.E.2d 329 (Mass. 1982). · cites it 3× “The respondents, on the other hand, argue that as a result of the 1979 amendment of G. L. c. 248, § 25 (see St. 1979, c. 344, § 12), habeas corpus is no longer available to those in the petitioner’s position, and that the petitioner should have sought relief under Rule 30 (a) of…”

Averett v. Comm'r of Corr., 25 Mass. App. Ct. 280 (Mass. App. Ct. 1988). · cites it 4× “248, § 1, “bars one who ‘has been convicted or is in execution upon legal process, civil or criminal’ from obtaining the writ as of right.”

Pina v. Superintendent, Massachusetts Corr. Inst., 382 N.E.2d 1079 (Mass. 1978). “248, § 1, or at the discretion of the court, G. L. c. 248, § 25. The Superior Court judge may use his discretionary power to issue the writ in controversies involving the number of deductions due if he finds an entitlement to the deductions in question; and if, after…”

Delaney v. Commonwealth, 614 N.E.2d 672 (Mass. 1993). “” See G. L. c. 248, § 25 (1990 ed.) (“This chapter shall not affect the power of the supreme judicial court, or the superior court, or a justice thereof, to issue a writ of habeas corpus in its discretion, and thereupon grant bail to a person for whatever cause he has been…”

Commesso v. Commonwealth, 339 N.E.2d 917 (Mass. 1975). · cites it 2× “The same practice would ordinarily be followed in exercising the power to issue a writ of habeas corpus, preserved by G. L. c. 248, § 25. Cf. Belgard v. Morse, 2 Gray 406 , 407 (1854).”

Sheriff of Suffolk Cnty. v. Pires, 777 N.E.2d 1231 (Mass. 2002). “Pires’s assertion that G. L. c. 248, § 25, provides another procedural route for the use of a petition for a writ of habeas corpus to challenge a bail revocation order is equally unavailing.”

Glawson v. Commonwealth, 839 N.E.2d 822 (Mass. 2005). “See G. L. c. 248, § 25. See also Soura, petitioner, 436 Mass.”

McCastle, 514 N.E.2d 1307 (Mass. 1987). “Furthermore, the Legislature amended G. L. c. 248, § 25, by deleting that section’s earlier provision for the discretionary issuance of writs of habeas corpus to “a person who is imprisoned or restrained of his liberty pursuant to a criminal convic *107 tion.”

Stewart v. Commonwealth, 603 N.E.2d 912 (Mass. 1992). “28 (1989), we acknowledged the power and discretion of a judge to admit a defendant to bail in a rule 30 case; however, Averett also took note that a judge’s discre *668 tion to issue the writ of habeas corpus under G. L. c. 248, § 25 (rule 30), in controversies involving the…”

Beaton, 241 N.E.2d 845 (Mass. 1968). “The writ also may be issued under G. L. c. 248, § 25, at the discretion of the court if it could order the petitioner to be discharged immediately.”

Soura, 763 N.E.2d 1091 (Mass. 2002). “There is no question that Soura presently is incarcerated pursuant to his convictions, or that his claims for relief center on the indictment, trial, conviction, and sentencing stages of the criminal proceedings against him.”

Crowley, 766 N.E.2d 513 (Mass. App. Ct. 2002). “By virtue of amendment to G. L. c. 248, § 25, see St. 1979, c. 344, § 12, a judge no longer has the discretionary power to issue a writ of habeas corpus.”

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