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.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Chapter 211 - The Supreme Judicial Court
Section 1 - Number of Justices
Section 2a - Statement of Expenses and Costs
Section 3 - Superintendence of Inferior Courts; Power to Issue Writs and Process
Section 3a - Administrative Assistant
Section 3b - Conferences of Judges
Section 4 - Removal of Officers
Section 4a - Transfer of Causes Between Supreme Judicial Court and Lower Courts
Section 5 - Questions of Law; Hearing by Full Court
Section 6 - Questions of Law; Reservation
Section 7 - Questions of Law; Argument; Order
Section 8 - Judgment or Rescript After Decision
Section 9 - Records and Rescripts; Contents
Section 10 - Frivolous Appeals; Costs and Interest
Section 12 - Law Sittings; Adjournments
Section 14 - Transfer of Cases by Full Court
Section 15 - Criminal Cases; Hearings
Section 16 - Hearing in Boston of Questions Arising in Other Counties
Section 17 - Jury Sittings; Times and Places of Sittings
Section 18 - Sittings at Fall River; Adjournments
Section 19 - Dukes or Nantucket County Cases; Place of Trial
Section 20 - Powers of Justices at Jury and Law Sittings
Section 21 - Audit of Accounts
Section 22 - Salaries of Justices; Expenses; Practice of Law Prohibited
Section 24 - Services of Retired Justices
Section 25 - Disability Benefits Project
Section 26 - Program for Evaluation of Judicial Performance
Section 26b - Judicial Evaluation Standards; Disciplinary Procedures
Section 27 - Pre-Service and In-Service Training Programs for Justices; Administration
Section 28 - Leave of Absence for Study, Research, etc.; Restrictions