Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 36 (2026)

Failure to appear; default on recognizance; subsequent proceedings

✓ current as of July 2026

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Section 36. If the recognizor does not appear according to his recognizance, the court or justice may issue process to bring him into court for trial. After his failure so to appear, the court or justice may at any time order his default recorded; but it may be removed for good cause at any time to which the case may be continued. If such default is not removed, the recognizance shall be certified with a record of such default to the superior court, and like proceedings shall be had thereon as upon a breach of the condition of a recognizance for appearance before said superior court, except in cases where bank books, bonds or money have been deposited at the time of the recognizance.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1975–2026 · leading case: Commonwealth v. The Stuyvesant Ins. Co., 321 N.E.2d 811 (Mass. 1975).

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Commonwealth v. The Stuyvesant Ins. Co., 321 N.E.2d 811 (Mass. 1975). · cites it 5× “A judge may remove the default for “good cause” (G. L. c. 276, § 36), “remit the whole or any part of the penalty” (G.”

Commonwealth v. Gomes, 552 N.E.2d 101 (Mass. 1990). · cites it 2× “See G. L. c. 276, § 36. 5 Nothing in G. L. c.”

Commonwealth v. Gomez, 940 N.E.2d 488 (Mass. App. Ct. 2011). · cites it 4× “In Stuyvesant, the Supreme Judicial Court construed the reach of G. L. c. 276, § 36, 1 a statute that provides for default if the *573 recognizor fails to appear in accordance with the terms of his recognizance.”

Commonwealth v. Thompson, 446 N.E.2d 746 (Mass. App. Ct. 1983). “6) is at least as strong when an arrest is made on a default warrant issued under G. L. c. 276, § 36 or § 71 (see Commonwealth v.”

Quantreil Laura v. a Just. of the Dist. Court Dep't (Mass. 2025). “See G. L. c. 276, § 36. Cf. Commonwealth v. Gomez, 78 Mass.”

Qualls (D. Mass. 2026). “See Mass. Gen. Laws ch. 276, § 36 (“If the recognizor does not appear according to his recognizance, the court or justice may issue process to bring him into court for trial.”

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