Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
A justice or special justice of a district court, or a justice of the peace who is also a clerk or assistant clerk of such a court, may at any time receive complaints and issue warrants and summonses, under his own hand and seal, and such justice or special justice may likewise issue search warrants, returnable before a court or trial justice having jurisdiction of the trial or examination of the person charged with the crime. If, after a hearing on the issuance of a complaint or a request for a search warrant, by a justice or special justice of a district court he issues such complaint or warrant, he shall be disqualified from presiding over a trial on the merits of any matter brought to trial because of such complaint or warrant if the defendant objects to his sitting before any evidence is taken.
If such an application for the issuance of a complaint is denied, the clerk of the district court wherein such application was made shall destroy such application one year after the date such application was filed, unless a justice of such court or the chief justice of the district courts shall for good cause order that such application be retained on file for a further period of time. The clerk shall enter on the face of any application so denied a conspicuous notation to that effect, and such applications shall be maintained separately from other records of such court. The provisions of this paragraph relating to the destruction of such applications shall not apply to applications filed pursuant to section twenty C of chapter ninety.
Cite this article: FindLaw.com - Massachusetts General Laws Part III. Courts, Judicial Officers and Proceedings in Civil Cases (Ch. 211-262) Ch. 218, § 35 - last updated January 01, 2025 | https://codes.findlaw.com/ma/part-iii-courts-judicial-officers-and-proceedings-in-civil-cases-ch-211-262/ma-gen-laws-ch-218-sect-35/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)