Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 1 (2026)

Trial list of criminal cases, adding cases to list

✓ current as of July 2026

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Section 1. At each session of the superior court for criminal business, the district attorney, before trials begin, shall make and deposit with the clerk, for the inspection of parties, a list of all cases to be tried at that session, and the cases shall be tried in the order of such trial list, unless otherwise ordered by the court for cause shown. Cases may be added to such list by direction of the court, on its own motion or upon motion of the district attorney or of the defendant.

Notes of Decisions

Cited in 14 cases, 1959–2010 · leading case: Commonwealth v. Beckett, 366 N.E.2d 1252 (Mass. 1977).

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Commonwealth v. Beckett, 366 N.E.2d 1252 (Mass. 1977). · cites it 4× “G.L.c. 278, § 1. The right to control the trial list given prosecutors by this statute imposes a corresponding obligation on them.”

Barry v. Commonwealth, 455 N.E.2d 437 (Mass. 1983). “See G. L. c. 278, § 1. Thus, where the case is not continued by agreement, and the district attorney simply sets a trial date, the intervening period will be included in the computation of the time limits under the rule.”

Commonwealth v. Super, 727 N.E.2d 1175 (Mass. 2000). · cites it 2× “234, § 25, must be read in light of the purpose of G. L. c. 278, § 1. General Laws c. 278, § 1, indicates that the district attorney does not have sole responsibility for developing trial lists for criminal cases.”

Commonwealth v. Spaulding, 583 N.E.2d 1257 (Mass. 1992). “See also G. L. c. 278, § 1 (1990 ed.). 6 In order to decide whether the time limits under rule 36 have run in this case, 7 8 it is necessary to consider in more detail the period of time between the defendant’s arraignment and his filing of the motion to dismiss.”

Commonwealth v. Greenberg, 160 N.E.2d 181 (Mass. 1959). “If, as we do not intimate, the judge under G. L. c. 278, § 1, had authority to order cases added to the trial list to which the defendant was not a party and then consolidate them for trial, there was no *566 abuse of discretion in denying the motion.”

Commonwealth v. Taylor, 704 N.E.2d 170 (Mass. 1999). “Furthermore, the Reporters’ Notes to rule 36 indicate that the rule should be read in conjunction with “the policy of G. L. c. 278, § 1 in that the trial court is given ultimate control over the calendar.”

Commonwealth v. Royce, 386 N.E.2d 23 (Mass. 1979). · cites it 3× “It is the district attorney who has the initial responsibility to set up the trial lists, G. L. c. 278, § 1, and to bring cases to the court for "trial or other disposition” of the indictment as required by G.”

Commonwealth v. Marable, 693 N.E.2d 1386 (Mass. 1998). “The defendant agreed to the July 1 deadline and made no motion, as permitted by G. L. c. 278, § 1, to add his case to the July trial list.”

Commonwealth v. Gallison, 425 N.E.2d 276 (Mass. 1981). “He was found guilty, as well, of two counts of failure to provide care for a minor, G. L. c. 278, § 1, and of unlawful disposition of a human body, G.”

Commonwealth v. Murphy, 770 N.E.2d 538 (Mass. App. Ct. 2002). “Laws, Rules of Criminal Procedure at 339 (Lexis 1997), *336 comments that G. L. c. 278, § 1, as amended by St. 1974, c.”

Commonwealth v. Fontaine, 391 N.E.2d 1234 (Mass. App. Ct. 1979). “The district attorney placed all the indictments on the trial list (G. L. c. 278, § 1) for each of the next seven semiannual two-month sittings of the Superior Court for criminal business in Berkshire County.”

Commonwealth v. Montgomery, 923 N.E.2d 1057 (Mass. App. Ct. 2010). “See also G. L. c. 278, § 1; Commonwealth v. Murphy, 55 Mass.”

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