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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.”

“In most instances, interlocutory relief on appeal is not available on the theory that the aggrieved party should await the final outcome and, if still aggrieved, appeal the whole case.” Massachusetts Practice Series, vol. 41 Appellate Practice (3rd Ed.) section 7.2.

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:

Appeals Court Standing Order Governing Petitions to the Single Justice Pursuant to G.L. C. 231, sec. 118 (First Paragraph)

Standing Order Governing Motions to Stay A Judgment or Execution of Sentence Filed Pursuant to Mass. R.A.P. 6

Mass. Rule of Appellate Procedure 6: Stay or Injunction Pending Appeal

Mass. Rule of Appellate Procedure 20: Form of Briefs, Appendices and Other Papers

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 2011)

 

Single Justice Practice (MCLE CD 2011)
Massachusetts Practice Series, vol. 41 Appellate Procedure (3rd Ed.), sections 7.2, 7.3
Massachusetts Practice Series, vol. 30A Criminal Practice and Procedure (3rd Ed.), Chapter 26 Rule 15-Interlocutory Appeal

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