Massachusetts General Laws

Mass. Gen. Laws ch. 278A, § 5 (2026)

Appointed counsel

✓ current as of July 2026

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Section 5. The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in the preparation and presentation of motions filed under this chapter.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2026 · leading case: Commonwealth v. Wade, 5 N.E.3d 816 (Mass. 2014).

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Commonwealth v. Wade, 5 N.E.3d 816 (Mass. 2014). “See G. L. c. 278A, § 5. Wade’s motion for reconsideration of the denial of his renewed motion was also denied.”

Monteiro v. Commonwealth, 40 N.E.3d 1029 (Mass. 2015). · cites it 3× “278, § 33E, to Answer the New and Substantial Question Related to G. L. c. 278A, § 5.” A single justice denied the petition, and Monteiro appeals.”

Commonwealth v. William Curry. (Mass. App. Ct. 2026). · cites it 2× “Accordingly, the defendant's motion failed to include information demonstrating that the requested analysis had the potential to result in evidence of significance to identifying the defendant as the perpetrator. See G.”

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