Small Claims Standards: 8:05 Further appellate rights

The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002).

In the District Court or Boston Municipal Court, the case may be appealed to the appellate division if the judge, in the judge's discretion, submits a question of law to the appellate division, but only in the form of a report of a case stated. In the Housing Court, further appeal is to the Appeals Court.

Commentary

After a jury trial or a jury-waived trial in the Housing Court, the losing party may appeal to the Appeals Court as in any Superior Court civil jury trial. Uniform Small Claims Rule 10(e). There is no such option in the District Court or the Boston Municipal Court. G.L. c. 218, §23; Trust Insurance Company v. Bruce at Park Chiropractic Clinic, 430 Mass. 607, 610 (2000).

In the District Court or the Boston Municipal Court neither party has a right to a report of a question of law to the Appellate Division, but the judge may report a question to the Appellate Division in the form of a case stated. G. L. c.218, s. 23. Such reports are limited to questions of law only. Questions of fact or discretion may not be reported.

In the Housing Court, the notice of appeal must be filed within ten days of judgment. Uniform Small Claims Rule 10(e).