Guideline 5:07
If, at the time of a hearing after notice, the court becomes aware, by means of the required check of the Statewide Registry of Civil Restraining Orders or the Warrant Management System (WMS), or otherwise, that a warrant for the defendant’s arrest is outstanding, and the defendant is present, the court should address the warrant before the end of the hearing. The District Court, Boston Municipal Court, or Superior Court should release the defendant on personal recognizance, bail the defendant under G.L. c. 276, § 29-30, or hold the defendant without bail and order the defendant transported to the court that issued the warrant under G.L. c. 37, § 24(a).
The Probate and Family Court should arrange to have the defendant transported to the nearest court with jurisdiction to address the warrant.
Commentary
Courts should not allow a defendant against whom a criminal default warrant is outstanding to leave the courthouse without addressing the warrant. The judge should determine the appropriate action to take in view of all of the circumstances, including the seriousness of the case and the reason the party is before the court. If the defendant is not present, the court must note the existence of the warrant on the abuse prevention order.
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| Last updated: | October 20, 2025 |
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