Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 5: Report of a case for determination

Effective Date: 07/01/1979
Updates: Amended May 15, 1979, effective July 1, 1979

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Rule 5

A report of a case for determination by an appellate court shall for all purposes under these rules be taken as the equivalent of a notice of appeal. Whenever a case or any part of it is reported after decision or verdict, the aggrieved party (as designated by the lower court) shall be treated as the appellant. Whenever a case or any part of it is reported without decision or verdict, the plaintiff in a civil action or the defendant in a criminal case shall be treated as the appellant. The clerk of the lower court shall serve notice of the filing of the report by mailing a copy thereof to counsel of record for each party; or if a party is not represented by counsel, to the party at his last known address.

Reporter's notes

(1979) This rule is amended to provide that if a case is reported by the trial court prior to a decision or verdict, the plaintiff in a civil action or the defendant in a criminal case is to be the appellant. If a whole case or any issue arising therein is reported after a decision or verdict, the aggrieved party, as determined by the trial court, shall be designated as the appellant. As to reports in criminal cases generally, see Mass.R.Crim.P. 34 (1979) and Reporter’s Notes.

(1973) No federal analogue to Appellate Rule 5 exists. Read in conjunction with Mass.R.Civ.P. 64 (Report of Case), it prescribes the adversarial framework at the appellate level for cases reported, either after an interlocutory ruling, upon an agreed statement of facts, or on a question of law reserved by a single justice of the Supreme Judicial Court (see Mass.R.Civ.P. 64). Whatever the form of the report, no party need file a separate notice of appeal (compare Appellate Rule 3); the report itself serves that function.

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Updates: Amended May 15, 1979, effective July 1, 1979

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