Report of a case for determination

Massachusetts District/Municipal Courts Rules for Appellate Division Appeal

Rule: 5

Jurisdiction: MA

Bluebook Citation: Mass. Dist./Mun. Cts. R. App. Div. App. 5

Pursuant to G.L. c. 231, s. 108 , a judge may, in his or her discretion, report a judgment, interlocutory or other ruling, finding or decision for determination by the Appellate Division. The judge's report shall for all purposes under these rules constitute a notice of appeal, and the filing of such report by the judge shall be considered the filing of a notice of appeal for purposes of computing time under these rules. The court may, upon notice to the parties, conduct a hearing on the form and content of the report prior to filing. The report as filed shall contain all information necessary to permit a review and determination of the issues presented. The clerk of the trial court shall serve notice of the filing of the report by forthwith mailing a copy thereof to counsel of record for each party, and shall proceed as otherwise ordered by the court. Unless ordered otherwise by the court, the clerk shall transmit the report to the Appellate Division within 20 days after the filing thereof.

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