Section 12: Report to supreme judicial court; transfers to and from supreme judicial court
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/ma/part-iii/title-i/chapter-211a/12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 12. The appeals court may, prior to or after final determination, report any case in whole or in part or any question of law arising therein to the supreme judicial court for consideration and determination if in the opinion of the appeals court the unusual public or legal significance of the matter or the efficient administration of justice so requires. The supreme judicial court shall consider such report and accept the case or questions, in whole or in part, for final determination or, if no determination has been made by the appeals court, may remand the case or questions, in whole or in part, to the appeals court for determination.
Except as otherwise provided in section four A of chapter two hundred and eleven, the supreme judicial court may transfer to the appeals court for determination any case or issue pending before it which has not been determined by the appeals court, including those within the original jurisdiction of the supreme judicial court, those of which a direct review by the supreme judicial court has been allowed or claimed, those improperly entered in the supreme judicial court, and those coming within the direct appellate jurisdiction of the supreme judicial court.
The supreme judicial court may order any matter, in whole or in part, or any issue therein, pending before the appeals court, transferred to the supreme judicial court for further proceedings.