Massachusetts General Laws

Mass. Gen. Laws ch. 278A, § 6 (2026)

Hearing

✓ current as of July 2026

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Section 6. (a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party's presence at the hearing.

(b) The judge who conducted the trial or accepted the moving party's plea of guilty or nolo contendere in the underlying case shall conduct the hearing if possible.

Notes of Decisions

Cited in 8 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). · cites it 4× “If those criteria are met, a hearing “shall” be conducted pursuant to G. L. c. 278A, §§ 6 and 7, to determine whether a petitioner has established by a preponderance of the evidence sufficient facts for a judge to order DNA testing or further discovery.”

Commonwealth v. Clark, 34 N.E.3d 1 (Mass. 2015). · cites it 3× “If those criteria are met, a hearing ‘shall’ be conducted pursuant to G. L. c. 278A, §§ 6 and 7, to determine whether a petitioner has established by a preponderance of the evidence sufficient facts for a judge to order DNA testing or further discovery.”

Commonwealth v. Wade, 55 N.E.3d 409 (Mass. 2016). “See G. L. c. 278A, §§ 6, 7. At that hearing, the moving party must establish by a preponderance of the evidence each of the six factors set forth in § 7 (h) (l)-(6).”

Commonwealth v. Williams, 119 N.E.3d 1171 (Mass. 2019). “G. L. c. 278A, § 6. At the hearing, the movant must establish by a preponderance of the evidence each of the factors enumerated in G.”

Commonwealth v. Lyons, 89 Mass. App. Ct. 485 (Mass. App. Ct. 2016). “See G. L. c. 278A, § 6. To obtain the requested forensic or scientific analysis, she must meet her burden in establishing by a preponderance of evidence the matters set out in G.”

Commonwealth v. Johnson, 129 N.E.3d 841 (Mass. 2019). “See G. L. c. 278A, § 6 ( a ). Pursuant to G. L.”

Commonwealth v. Putnam, 120 N.E.3d 295 (Mass. 2019). “A G. L. c. 278A, § 6, hearing was scheduled, but the hearing that took place was focused on whether the defendant was eligible to seek chapter 278A testing and was nonevidentiary in nature.”

Commonwealth v. Cadet (Mass. 2026). · cites it 2× “If the motion judge determines that those criteria are met, "a hearing 'shall' be conducted pursuant to G. L. c. 278A, §§ 6 and 7, to determine whether [the] petitioner has established by a preponderance of the evidence sufficient facts .”

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