Section 4A: Transfer of causes between supreme judicial court and lower courts
473 words·~2 min read·
/ma/part-iii/title-i/chapter-211/4aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4A. The supreme judicial court or a justice thereof may transfer for partial or final disposition in any appropriate lower court any cause or matter which might otherwise be disposed of by a single justice, and said lower court shall thereupon have jurisdiction thereof, subject to appeal, and shall have such assistance from other departments or from the use of writs and process as the law provides shall be available to it or any other court with respect to like causes or matters; provided, however, that no transfer shall be made of the following:—
(1)Motions for relief from judgment rendered by the supreme judicial court.
(2)Civil actions under section five of chapter two hundred and forty-nine against the supreme judicial court or the appeals court or a judicial officer thereof.
(3)Dismissal under section thirteen of chapter fifty-eight A of appeals from the appellate tax board or stays of execution of sentence after exceptions or appeal under section forty-nine A of chapter two hundred and seventy-nine.
(4)Any matter incidental to the exclusive appellate jurisdiction of the full court for which provision may hereafter be made; and further provided, that no transfer shall be made to any court other than the appeals court of the following:—
(1)Civil actions under section five of chapter two hundred and forty-nine against any court other than the supreme judicial court or the appeals court or a judicial officer thereof;
(2)Stays of execution of sentence after the filing or allowance of exceptions or the entry of an appeal under section four of chapter two hundred and seventy-nine; reductions of bail under section fifty-eight of chapter two hundred and seventy-six; summary review of questions of law pertaining to issuance or denial of preliminary injunctions in labor dispute cases under subsection
(6)of section six of chapter two hundred and fourteen; summary review of workers' compensation orders pending appeal under section sixty A of chapter one hundred and fifty-two; suspension, modification or annulment of orders or judgments under section one hundred and seventeen of chapter two hundred and thirty-one pending an appeal; and stays of orders or decrees in equity and other certain matters in the probate court under sections twenty-three and twenty-four of chapter two hundred and fifteen.
In any case involving public utility rates, insurance rates, or other matter clearly affecting the public interest or an entire industry, a single justice shall file with the order of transfer a statement of his reasons therefor.
The supreme judicial court may also direct any cause or matter to be transferred from a lower court to it in whole or in part for further action or directions, and in case of partial transfer may issue such orders or directions in regards to the part of such cause or matter not so transferred as justice may require.