Massachusetts General Laws

Mass. Gen. Laws ch. 211, § 4A (2026)

Transfer of causes between supreme judicial court and lower courts

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 142 cases (4 in the last 5 years), 1964–2026 · leading case: Commonwealth v. Grassie, 65 N.E.3d 1199 (Mass. 2017).
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Commonwealth v. Grassie, 65 N.E.3d 1199 (Mass. 2017). · cites it 6× “See G. L. c. 211, § 4A, third par.14 Thus, given the unusual posture of this case, pursuant to § 4A, we will exercise jurisdiction over the motion to reduce the verdict -- a component of the case that, ordinarily, we would simply remand to the trial judge.”
Commonwealth v. Rodriguez, 37 N.E.3d 611 (Mass. 2015). · cites it 2× “1501 (1996); G. L. c. 211, § 4A. We transferred the case from the Appeals Court on our own motion.”
McDuffy v. Sec'y of the Exec. Off. of Educ., 615 N.E.2d 516 (Mass. 1993). · cites it 2× “" G.L.c. 211, § 4A (1990 ed.). In December, 1992, a single justice reserved and reported both the McDuffy case and the Levy case without decision to the full court on the stipulated record.”
Lowell Gas Co. v. Attorney Gen., 385 N.E.2d 240 (Mass. 1979). · cites it 2× “Shortly thereafter they filed a petition under G.L.c. 211, § 4A, in the county court to transfer both actions to this court for hearing and determination of the motions to dismiss.”
Commonwealth v. Beausoleil, 490 N.E.2d 788 (Mass. 1986). · cites it 2× “G.L.c. 211, § 4A (1984 ed.). Subsequently, we transferred the case to this court on our own motion.”
Commonwealth v. Allison, 751 N.E.2d 868 (Mass. 2001). “A single justice of this court transferred the motion to the Superior Court pursuant to G. L. c. 211, § 4A. After a hearing, the motion for a new trial was denied.”
Fadden v. Commonwealth, 382 N.E.2d 1054 (Mass. 1978). · cites it 2× “The present civil action was brought by the defendant in this court for the county of Suffolk, and was transferred to the Appeals Court by a single justice of this court under G. L. c. 211, § 4A, and Appeals Court Rule 2:01, as amended, 3 Mass.”
Horsemen's Benevolent & Prot. Ass'n v. State Racing Comm'n, 532 N.E.2d 644 (Mass. 1989). · cites it 2× “G.L.c. 211, § 4A (1986 ed.). The Superior Court judge denied the plaintiff's motion for a preliminary injunction.”
Borman v. Borman, 393 N.E.2d 847 (Mass. 1979). “Anticipating that the order from which she sought relief would be deemed interlocutory, the wife urges us to exercise our extraordinary power to grant relief under G.”
Commonwealth v. Bruno, 735 N.E.2d 1222 (Mass. 2000). “5 A *494 single justice of this court, pursuant to G. L. c. 211, § 4A, transferred the report, together with the Commonwealth’s appeal from the order allowing Wilson’s motion to dismiss, from the Appeals Court to this court.”
Guardianship of Roe, 421 N.E.2d 40 (Mass. 1981). “The guardian ad litem appealed, and a single justice allowed a joint motion to transfer the case to this court pursuant to G. L. c. 211, § 4A. On Sep *422 tember 9, 1980, the single justice allowed a motion to intervene by the named plaintiffs in Rogers I, supra, on behalf of…”
Arthurs v. Bd. of Reg. in Med., 418 N.E.2d 1236 (Mass. 1981). “Rather the board petitioned the single justice to transfer the action pursuant to G. L. c. 211, § 4A. By an order dated June 14, 1979, a single justice transferred the action.”
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