- Trial Court Law Libraries
When you receive an interlocutory decision or order in a case in the Superior Court department, the Housing Court department, the Land Court department, the Juvenile Court department or the Probate and Family Court department and are considering an appeal, the Trial Court Law Libraries have useful resources to help you to be effective.
Interlocutory order “An order that relates to some intermediate matter in the case; any order other than a final order. Most interlocutory orders are not appealable until the case is fully resolved. But by rule or statute, most jurisdictions allow some types of interlocutory orders (such as preliminary injunctions and class-certification orders) to be immediately appealed.”
Black’s Law Dictionary (11th Ed. 2019)
“In most instances, interlocutory relief on appeal is not available on the principle that the aggrieved party should await the final outcome in the Trial Court and, if still aggrieved, appeal the whole case. Piecemeal appeals are disfavored and have been consistently denied.” Massachusetts Practice Series, vol. 41 Appellate Procedure (4th Ed.) section 24:1.
Law:
- Mass. General Law Chapter 231, section 118 Temporary appellate relief from interlocutory orders; appeals to appeals court or supreme judicial court
Standing Orders and Rules:
- Mass. Rule of Appellate Procedure 6: Stay or Injunction Pending Appeal
- Mass. Rule of Appellate Procedure 20.0: Form of petitions to the single justice pursuant to G. L. c. 231, § 118 (first paragraph) or Rule 12(a) of the Uniform Rules on Impoundment Procedure
- Mass. Rule of Civil Procedure 62: Stay of Proceedings to Enforce a Judgment
- Mass. Rule of Criminal Procedure 15: Interlocutory Appeal
- Massachusetts Supreme Judicial Court Rule 2:21: Appeal from Single Justice Denial of Relief on Interlocutory Ruling
Information from the Massachusetts Appeals Court Help Center
Print and CD Resources:
- Appellate Practice in Massachusetts (MCLE) (Chapters 21 and 22)
- Single Justice Practice (MCLE 2013)
- Massachusetts Practice Series, vol. 41 Appellate Practice and Procedure (3rd Ed.), sections 7.2, 7.3
- Massachusetts Practice Series, vol. 30A Criminal Practice and Procedure (4th Ed.), Chapter 26 Rule 15-Interlocutory Appeal
Written By: Sharon Harrington