General Laws of Massachusetts - Chapter 248 Habeas Corpus and Personal Liberty
- Massachusetts General Laws - Persons entitled to writ; exceptions - Chapter 248, Section 1
Whoever is imprisoned or restrained of his liberty may, as of right and of course, prosecute a writ of habeas corpus, according to this chapter,...
- Massachusetts General Laws - By whom issued - Chapter 248, Section 2
The writ may be issued, irrespective of the county in which the person is imprisoned or restrained, by the supreme judicial or the superior court,...
- Massachusetts General Laws - Petition for writ; contents; annexed papers - Chapter 248, Section 3
The petition for the writ shall be in writing, signed and sworn to by the person for whose release it is intended, or by a...
- Massachusetts General Laws - Issuance of writ; return - Chapter 248, Section 4
The court or magistrate to whom the petition is presented shall, without delay, issue a writ of habeas corpus, substantially in the form heretofore established...
- Massachusetts General Laws - Form of writ - Chapter 248, Section 5
If the imprisonment or restraint is not by a sheriff, deputy sheriff or jailer, the writ shall be in the following form: Commonwealth of Massachusetts....
- Massachusetts General Laws - Signature of magistrate or clerk; service - Chapter 248, Section 6
If the writ is issued by the court when sitting for the transaction of business, it shall be signed by the clerk, otherwise by the...
- Massachusetts General Laws - Designation of custodian of prisoner - Chapter 248, Section 7
The person who has the custody of the prisoner may be designated by his office or by his own name, or, if they are unknown...
- Massachusetts General Laws - Designation of prisoner - Chapter 248, Section 8
The person restrained shall be designated by name, if known; otherwise, he may be so described as to identify him.
- Massachusetts General Laws - Expense of transporting prisoner; advance payment - Chapter 248, Section 9
If the person restrained is confined in jail or is in the custody of a civil officer, the court or magistrate granting the writ shall...
- Massachusetts General Laws - Return of writ - Chapter 248, Section 10
Any person to whom the writ is directed shall receive it, and, upon payment or tender of the charges demandable for its execution, shall make...
- Massachusetts General Laws - Contents of return - Chapter 248, Section 11
The person in whose custody the prisoner is found shall state in writing, plainly and unequivocally, to the court or justice before whom the writ...
- Massachusetts General Laws - Production of prisoner - Chapter 248, Section 12
The person who makes the statement shall at the same time produce the prisoner, if in his custody or power or under his restraint, according...
- Massachusetts General Laws - Illness preventing production of prisoner - Chapter 248, Section 13
If by reason of the illness or infirmity of the prisoner he cannot without danger be taken to the place appointed for the return of...
- Massachusetts General Laws - Return before justice of court - Chapter 248, Section 14
If the court to which the writ is returnable is not sitting for the transaction of business when the writ is returned, the return shall...
- Massachusetts General Laws - Causes of imprisonment; examination - Chapter 248, Section 15
After the writ has been returned, the prisoner may deny any of the facts set forth in the statement and may allege any other material...
- Massachusetts General Laws - Notice to persons interested in continuing imprisonment - Chapter 248, Section 16
If it appears from the return of the writ or otherwise that the prisoner is detained on a process under which another person has an...
- Massachusetts General Laws - Notice; prisoners held for crimes - Chapter 248, Section 17
If it appears from the return of the writ or otherwise that the prisoner is imprisoned on a criminal accusation, he shall not be discharged...
- Massachusetts General Laws - Custody of prisoner pending examination - Chapter 248, Section 18
Until judgment is given, the court or justice may remand the prisoner, bail him to appear from day to day, commit him to the sheriff...
- Massachusetts General Laws - Bail - Chapter 248, Section 19
If the prisoner is detained for a cause or crime for which he is bailable, he shall be admitted to bail if sufficient bail is...
- Massachusetts General Laws - Prisoners committed in civil actions for want of bail; bail - Chapter 248, Section 20
If the prisoner has been committed on mesne process in a civil action for want of bail, and it appears that the amount for which...
- Massachusetts General Laws - Prisoners committed on criminal charges; bail - Chapter 248, Section 21
If a person is committed to jail on a criminal accusation for want of bail, a justice of the superior court or of a district...
- Massachusetts General Laws - Remanding prisoner - Chapter 248, Section 22
If the prisoner is lawfully imprisoned or restrained and is not entitled to be admitted to bail, he shall be remanded to the person from...
- Massachusetts General Laws - Discharging prisoner - Chapter 248, Section 23
If no legal cause is shown for the imprisonment or restraint, the court or justice shall discharge the prisoner.
- Massachusetts General Laws - Imprisonment after discharge - Chapter 248, Section 24
No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof,...
- Massachusetts General Laws - Scope of chapter - Chapter 248, Section 25
This chapter shall not affect the power of the supreme judicial court, or the superior court, or a justice thereof, to issue a writ of...
- Massachusetts General Laws - Refusal of officer to deliver copy of warrant; penalty - Chapter 248, Section 26
An officer who refuses or neglects for six hours to deliver a printed copy of the warrant contained in the warrant management system or process...
- Massachusetts General Laws - Refusal to obey writ; attachment - Chapter 248, Section 27
If a person to whom a writ of habeas corpus is directed refuses to receive it, or neglects to execute it according to the provisions...
- Massachusetts General Laws - Attachment; executing officers - Chapter 248, Section 28
If such attachment is issued against a sheriff or his deputy, it may be directed to a special sheriff or to some other person designated...
- Massachusetts General Laws - Refusal to obey writ; precept commanding production of prisoner - Chapter 248, Section 29
Upon the refusal or neglect of the person to whom the writ of habeas corpus is directed to receive and execute it, the court or...
- Massachusetts General Laws - Refusal to obey writ; penalty - Chapter 248, Section 30
Whoever refuses or neglects to receive and execute a writ of habeas corpus shall forfeit four hundred dollars to the party aggrieved thereby.
- Massachusetts General Laws - Resistance or disobedience of writ; attachment - Chapter 248, Section 31
Whoever resists the service of the writ of habeas corpus, or disobeys it when served, shall be liable to attachment as for a contempt of...
- Massachusetts General Laws - Removing or concealing prisoner; penalty - Chapter 248, Section 32
Whoever, having in his custody or power a person entitled to a writ of habeas corpus, transfers him to the custody, or places him under...
- Massachusetts General Laws - Recovery of penalties; effect on actions by aggrieved parties - Chapter 248, Section 33
The recovery of any penalty imposed by the foregoing provisions of this chapter shall not bar an action at common law for false imprisonment, or...
- Massachusetts General Laws - Persons in custody of United States marshal - Chapter 248, Section 34
This chapter shall not authorize the taking of a person by writ of habeas corpus out of the custody of the United States marshal, or...
- Massachusetts General Laws - Personal liberty; how secured - Chapter 248, Section 35
No person shall be deprived of his liberty or held in custody by any person or in any place against his will or, if he...
- Massachusetts General Laws - Petition to obtain personal liberty - Chapter 248, Section 36
Whoever has reason to believe that another person is deprived of his liberty or held in custody in violation of the preceding section may file...
- Massachusetts General Laws - Notice to custodians, etc. - Chapter 248, Section 37
Upon the filing of such petition, the court shall cause notice to be served upon all the supposed custodians or persons alleged to be detaining...
- Massachusetts General Laws - Examination of witnesses - Chapter 248, Section 38
The court may examine the witnesses separately and may permit the petitioner, parent, guardian or other person entitled to the custody of a person deprived...
- Massachusetts General Laws - Conducting examinations; assistance from district attorneys - Chapter 248, Section 39
The probate court may request the district attorney for the district where it is held to attend the examination under the preceding section, and to...
- Massachusetts General Laws - Payment of fees - Chapter 248, Section 40
The fees for the service of process and notices and for summoning witnesses shall, upon the approval of the court or district attorney, be paid...
Last modified: September 11, 2015