Section 125. Upon appeal in a civil action the appeals court and supreme judicial court shall have all the powers of amendment of the court below; and whenever objections have been taken to the exclusion of evidence, or where the alleged error arises from the omission at the trial of some fact which, under the circumstances of the case, may subsequently be proved without involving any question for a jury, and without substantial injustice to either party the appellate courts shall have full discretionary authority to cause such further testimony to be taken as it deems necessary, either by oral examination in court, by reference, by affidavit or by deposition, and both courts shall have power to render any judgment and to make any order that ought to have been made upon the whole case.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 231 - Pleading and Practice
Section 6 - Assignee of Claim Assigned by Executor or Administrator, Proceedings
Section 6b - Interest Added to Damages in Tort Actions
Section 6c - Interest Added to Damages in Contract Actions
Section 6e - Definitions Applicable to Sections 6e to 6g
Section 6h - Interest on Damages
Section 6i - Interest Rate; Schedule
Section 9 - Action to Recover Possession of Real Property
Section 13b - Ad Damnum or Monetary Amount Claimed
Section 21 - Pleading Following Answer in Abatement
Section 22 - Pleading the General Issue; Evidence
Section 31 - Equitable Defenses
Section 35 - Reply Avoiding Defense in Equity
Section 39 - Real and Mixed Actions at Issue in Land Court
Section 42 - Endorsement of Pleading or Process Before Filing or Entry; Residence
Section 43 - Late Endorsement of Pleading or Process
Section 44 - Endorsement When Plaintiff Removes From Commonwealth
Section 45 - Procuring New Responsible Endorser
Section 47 - Dismissal on Failure to Obtain Endorser
Section 48 - Substitute Endorser
Section 51 - Amendments as to Parties, Process or Pleading
Section 52 - Amendment After Demurrer
Section 59a - Advancing Action for Speedy Trial
Section 59c - Request of Either Party
Section 59d - Speedy Trial of Actions Involving Election Laws
Section 59e - Request of Either Party
Section 59f - Speedy Trial for Persons Sixty-Five Years of Age or Older
Section 59g - Dismissal for Failure to File a Timely Request for Trial; Vacation of Judgment
Section 59h - Strategic Litigation Against Public Participation; Special Motion to Dismiss
Section 60b - Malpractice Actions Against Providers of Health Care; Tribunal
Section 60c - Malpractice Complaints; Ad Damnum Prohibited
Section 60d - Claim by Minor Against Provider of Health Care; Limitations
Section 60e - Malpractice Action; Professional Examination of Claimant
Section 60f - Award of Damages; Elements and Itemization of Amounts
Section 60g - Reduction of Award of Damages; Collateral Sources of Benefits
Section 60h - Limitation of Damages for Pain and Suffering
Section 60i - Attorney Fees; Limitations on Contingency Fees
Section 61 - Filing Interrogatories
Section 62 - Answers to Interrogatories
Section 63 - Rules Governing Use of Interrogatories
Section 64 - Failure to Answer or to Amend or Expunge Answer
Section 67 - Non-Disclosure of Information Not Pertinent
Section 68 - Inspecting Documents
Section 69 - Demand for Admissions; Answer to Demand or Refusal of Admissions; Costs
Section 71 - Motions and Interlocutory Orders
Section 72 - Agreements Regarding Amendments and Trial Procedure
Section 81 - Charges as to Facts, Etc.
Section 82 - Designation of Place of Trial
Section 83 - Interrupting Examination of Witnesses
Section 84a - Consolidation of Actions Involving Same Subject Matter
Section 85 - Comparative Negligence; Limited Effect of Contributory Negligence as Defense
Section 85a - Prima Facie Evidence of Owner's Responsibility for Operation of Motor Vehicle
Section 85b - Action for Consequential Damages; Presumption of Automobile Owner's Responsibility
Section 85d - Imputing Negligence of Parent or Custodian to Infant
Section 85e - Motor Vehicles; Defenses in Subrogation Claims
Section 85f - Imputation of Negligence of Operator of Motor Vehicle to Passenger-Owner
Section 85g - Parents' Liability for Willful Acts of Minor Children
Section 85h - Leased Property; Failure to Return; Conversion; Presumption
Section 85j - Fraud or Deceit in Sale of Personal Property; Treble Damages
Section 85l - Recovery of Damages Against Operator of Motor Vehicle by Guest; Ordinary Negligence
Section 85m - Disclaimers of Liability by Parking Facilities Not a Defense and Void
Section 85o - Contracts; Age of Legal Capacity and Liability in Civil Actions
Section 85p - Age of Majority; Legal Capacity
Section 85p1/2 - Child Performers; Contracts; Court Approval
Section 85q - Standard of Care Owed Children; Maintenance of Artificial Condition Upon Land
Section 85r - Boat Races or Regattas; Liability for Injuries
Section 85s - Physical Alteration or Destruction of Fine Art
Section 85t - Negligence Action for Serving Alcohol to Intoxicated Person Prohibited; Exceptions
Section 85u - Death or Injury to Unlawful Dwelling Occupants; Liability of Lawful Occupants
Section 85v - Sports Program Volunteers' Liability; Definitions
Section 85w - Officers and Directors of Charitable Corporations; Tort Liability
Section 85x - Loss of Consortium of a Dependent Child; Cause of Action
Section 85y - Child Care Facilities; Liability of Owner of Property for Injury or Damage on Premises
Section 85aa - Liability of Registered Rescue Volunteers
Section 85bb - False Claim of Hours Worked Knowingly Submitted by Law Enforcement Officer
Section 87 - Pleadings as Evidence; Effect
Section 88 - Effect of Unaccepted Offer of Judgment
Section 89 - Use at Trial of Answers to Interrogatories
Section 91a - Radio or Television Broadcast; Liability of Owner of Station, Etc.
Section 92 - Truth as Justification for Libel
Section 93 - Retraction of Libel; Mitigation of Damages; Punitive Damages
Section 94 - Evidence in Mitigation of Damages
Section 94a - Probable Cause as Defence in Action for False Arrest
Section 94b - False Arrest; Shoplifting; Defrauding Innkeepers; Defenses
Section 94c - False Arrest; Theft of Public Records; Defenses
Section 95 - Defense to Action on Default Judgment
Section 96 - Relief From Final Judgment; Vacation; Effect of Attachment
Section 97 - Appeal to Superior Court
Section 99 - Deposit in Lieu of Appeal Bond
Section 101 - Record on Appeal to Superior Court; Transmission
Section 102 - Docket Entries on Taking Appeal
Section 103 - Waiver of Jury Trial and Right of Appeal in Cases Brought in District Court
Section 104 - Removal From District Court to Superior Court
Section 104a - Multiple Judgments Specification for Removal to Superior Court
Section 106 - Deposit in Lieu of Removal Bond
Section 107 - Circumstances Making Removal Bond Unnecessary
Section 109 - Appeal to Appeals Court From Appellate Division
Section 110 - Powers of Appellate Division
Section 111 - Report by Single Justice
Section 112 - Report by Single Justice of Supreme Judicial Court
Section 112a - Appellate Proceedings Upon Report; Application of Rules of Appellate Procedure
Section 112b - Objections to Rulings or Orders
Section 113 - Appeal From Final Judgment of Superior Court, Land Court and Housing Courts
Section 114 - Appeal From Final Judgment of Single Justice of Supreme Judicial Court
Section 115 - Disposition of Judgment on Appeal; Stay of Execution
Section 116 - Protective Orders Pending Appeal
Section 117 - Temporary Appellate Relief From Final Judgments Pending Appeal
Section 118a - Appeal From Interlocutory Order for Equitable Relief
Section 119 - Harmless Error; Disposition of Judgment on Appeal
Section 124 - Determination of Questions of Law by Full Court on Appeal
Section 125 - Appellate Court's Powers of Amendment; Additional Testimony
Section 125a - Further Report of Material Facts in Equity and Probate Appeals
Section 130 - Costs on Refusal of New Trial
Section 132 - Error Not Affecting Substantial Rights; Partial New Trial
Section 138 - Amendment of Pleadings; Notice and Hearing Requisite to Bind Certain Persons; Appeal
Section 139 - Representation of Corporate Party by Officer or Agent
Section 140a - Conclusiveness of Consent Judgment in Automobile Case
Section 140c - Settlement or Partial Payment by Insurer as Admission of Liability