Thursday, June 13, 2013

Interlocutory Appeals in Massachusetts State Courts

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.

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:

Information from the Massachusetts Appeals Court Clerk's Office:

Print and CD Resources: