Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 13 of chapter 58A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in lines 13, 26, 44 and in lines 48 and 49, the words "supreme judicial" and inserting in place thereof, in each instance, the following word:- appeals.

SECTION 2. Section 39I of chapter 119 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Review may be had in the appeals court in the same manner as is provided for trials of civil cases held in the superior court department.

SECTION 3. Section 42 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the words "supreme judicial" and inserting in place thereof the following word:- appeals.

SECTION 4. Section 10 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Subject to such further appellate review by the supreme judicial court as may be permitted pursuant to section eleven or otherwise, the appeals court shall have concurrent appellate jurisdiction with the supreme judicial court, to the extent review is otherwise allowable, with respect to a determination made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department in jury session, the Boston municipal court department appellate division, the juvenile court department, the district court department in jury session, and the district court department appellate divisions, except in review of convictions for first degree murder. A report from any such department of the trial court of any case, in whole or in part, or any question of law arising therein shall be deemed to be within the concurrent appellate jurisdiction of the supreme judicial court and the appeals court.

SECTION 5. The second paragraph of said section 10 of said chapter 211A, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Without regard to whether review is by appeal, report or otherwise, appellate review of decisions made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department and the appellate division thereof, the juvenile court department, and the district court department, and the appellate divisions thereof, if within the jurisdiction of the appeals court, shall be in the first instance by the appeals court except in the following cases in which appellate review shall be directly by the supreme judicial court without the necessity of any prior hearing or decision by the appeals court on the merits of the issues sought to be reviewed:.

SECTION 6. Section 19A of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words "supreme judicial" and inserting in place thereof the following word:- appeals.

SECTION 7. The second paragraph of section 19B of said chapter 218, as so appearing, is hereby amended by striking out, in line 21, the words "supreme judicial" and inserting in place thereof the following word:- appeals.

SECTION 8. Section 109 of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following sentence:- An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including appeals taken hereunder from the appellate division of the Boston municipal court department.

SECTION 9. Said section 109 of said chapter 231, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words "supreme judicial" and inserting in place thereof the following word:- appeals.

SECTION 10. This act shall take effect on January first, nineteen hundred and eighty-six and shall apply to all proceedings, determinations, orders, and judgments entered on or after that date in any department of the trial court and in the appellate tax board.