Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 47A (2026)

Defenses or objections; time of motion

✓ current as of July 2026

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Section 47A. In a criminal case, any defense or objection based upon defects in the institution of the prosecution or in the complaint or indictment, other than a failure to show jurisdiction in the court or to charge an offense, shall only be raised prior to trial and only by a motion in conformity with the requirements of the Massachusetts Rules of Criminal Procedure. The failure to raise any such defense or objection by motion prior to trial shall constitute a waiver thereof, but a judge or special magistrate may, for cause shown, grant relief from such waiver. A defense or objection based upon a failure to show jurisdiction in the court or the failure to charge an offense may be raised by motion to dismiss prior to trial, but shall be noticed by the court at any time.

Notes of Decisions

Cited in 64 cases (5 in the last 5 years), 1967–2026 · leading case: Commonwealth v. Therrien, 420 N.E.2d 897 (Mass. 1981).

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Commonwealth v. Therrien, 420 N.E.2d 897 (Mass. 1981). · cites it 14× “898, § 1, authorized an appeal from "a decision, order or judgment of the [Superior Court] (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion to grant appropriate relief under the provisions of [G.L.c. 277, § 47A]." Section 47A, as then amended…”

Commonwealth v. Canty, 998 N.E.2d 322 (Mass. 2013). · cites it 2× “1516 (2004), or moved to dismiss the indictment under G. L. c. 277, § 47A. He did neither. Instead, he pleaded guilty to the indictment.”

Commonwealth v. Yelle, 459 N.E.2d 461 (Mass. 1984). · cites it 4× “Rule 13 (c) is a restatement of former G. L. c. 277, § 47A (St. 1965, c. 617, § 1).”

Commonwealth v. Zone Book, Inc., 361 N.E.2d 1239 (Mass. 1977). · cites it 2× “See G.L.c. 277, § 47A. Once the issue is raised the prosecution must *379 produce sufficient facts and carry the burden of proof on the issue, not the defendant.”

Commonwealth v. Holley, 64 N.E.3d 1275 (Mass. 2016). · cites it 2× “5 G. L. c. 277, § 47A (failure to object to grand jury defects before trial constitutes waiver).”

Commonwealth v. Hrycenko, 630 N.E.2d 258 (Mass. 1994). · cites it 2× “The defendant, however, failed to raise this issue prior to his first trial and, under G. L. c. 277, § 47A (1992 ed.), is deemed to have waived this defense.”

Commonwealth v. Spear, 686 N.E.2d 1037 (Mass. App. Ct. 1997). · cites it 3× “” G. L. c. 277, § 47A. See Smith, Criminal Practice & Procedure §§ 1300-1302 (2d ed.”

Commonwealth v. Wentworth, 128 N.E.3d 14 (Mass. 2019). · cites it 2× “or moved to dismiss the indictment under G. L. c. 277, § 47A." Canty , 466 Mass. at 548 , 998 N.”

A Juv. v. Commonwealth (No. 1), 405 N.E.2d 143 (Mass. 1980). · cites it 2× “On November 29, 1976, the petitioner moved (with a formal affidavit) in Superior Court to dismiss the indictment under G. L. c. 277, § 47A, on the ground that the “opinion and order” of transfer violated the standards announced in A Juvenile v.”

Commonwealth v. Van Bell, 917 N.E.2d 740 (Mass. 2009). “Pursuant to G. L. c. 277, § 47A, all objections to an indictment must be raised prior to trial, and failure to raise such an objection by motion shall waive such objection.”

Commonwealth v. Adams, 125 N.E.3d 39 (Mass. 2019). “" See G. L. c. 277, § 47A ("A defense or objection based upon .”

Brunson v. Commonwealth, 337 N.E.2d 895 (Mass. 1975). · cites it 3× “Such challenges are expressly provided for in G. L. c. 277, § 47A, inserted by St. 1965, c.”

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