District/Municipal Courts Rules for Appellate Division Appeals

District/Municipal Courts Rules for Appellate Division Appeals Rule 5: Report of a case for determination

Effective Date: 07/01/1994

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Rule 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.

Commentary

This rule differs significantly from Mass. R.A.P. 5. It refers to the applicable statute, expressly refers to the report of interlocutory rulings, and allows the court the option of conducting a hearing on the proposed report. The rule also requires the clerk to transmit the report to the Appellate Division within 20 days of its filing, though failure by the clerk to comply with this rule would not appear necessarily to result in prejudice to the report.

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