Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 13 (2026)

Reservation and report of case to appeals court

✓ current as of July 2026

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Section 13. A judge of the probate court by whom a case or matter is heard for final determination may reserve and report the evidence and all questions of law therein for consideration of the appeals court, and thereupon like proceedings shall be had as upon appeal. And if, upon making an interlocutory judgment, decree or order, he is of opinion that it so affects the merits of the controversy that the matter ought, before further proceedings, to be determined by the appeals court, he may report the question for that purpose, and stay all further proceedings except such as are necessary to preserve the rights of the parties.

Notes of Decisions

Cited in 95 cases, 1922–2019 · leading case: Ciani v. MacGrath, 114 N.E.3d 52 (Mass. 2019).

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Ciani v. MacGrath, 114 N.E.3d 52 (Mass. 2019). · cites it 5× “**175 This case presents reported questions from a judge in the Probate and Family Court Department pursuant to G. L. c. 215, § 13, in connection with the judge's *55 denial of the parties' competing motions for summary judgment.”

In the Matter of Moe, 432 N.E.2d 712 (Mass. 1982). · cites it 4× “G.L.c. 215, § 13. Two questions were reported: "1.”

Beit v. Prob. & Fam. Court Dep't, 434 N.E.2d 642 (Mass. 1982). · cites it 3× “400, § 57, “[a] person aggrieved by an order, judgment, decree or denial of a probate court,” may appeal to the full court of the Supreme Judicial Court.”

O'BRIEN v. Dwight, 294 N.E.2d 363 (Mass. 1973). · cites it 4× “This matter is before us on a reservation and report of twenty questions of law by a judge of the *259 Probate Court purporting to act under G. L. c. 215, § 13. 2 The questions, all interlocutory in nature, result from action taken by a guardian ad litem (guardian), appointed by…”

Gray v. Comm'r of Revenue, 665 N.E.2d 17 (Mass. 1996). · cites it 3× “930 (1979), does not, however, permit a judge to report a case.”

Dep't of Pub. Welfare v. J. K. B., 393 N.E.2d 406 (Mass. 1979). · cites it 2× “He did not, however, enter an order appointing counsel, but instead reported three questions raised by the defendant’s motions to the Appeals Court pursuant to G. L. c. 215, § 13. Those questions are: “1.”

Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993). · cites it 2× “" See G.L.c. 215, § 13 (1992 ed.). See also Adoption of Thomas, 408 Mass.”

Champagne v. Champagne, 708 N.E.2d 100 (Mass. 1999). · cites it 2× “A judge in the Probate and Family Court reported several questions to the Appeals Court, pursuant to G. L. c. 215, § 13, asking whether the Probate Court has the authority under G.”

Fiorentino v. Prob. Court, 310 N.E.2d 112 (Mass. 1974). · cites it 4× “In the Fernandez case the judge did not decide the question of jurisdiction, but, "acting under the provisions of G.L.c. 215, § 13," reserved and reported the entire case.”

Page v. Comm'r of Revenue, 450 N.E.2d 590 (Mass. 1983). “The judge reported three questions to the Appeals Court, pursuant to G. L. c. 215, § 13. We allowed the parties’ joint application for direct appellate review.”

Borman v. Borman, 393 N.E.2d 847 (Mass. 1979). “215, § 9, a party may claim an appeal from decisions of the Probate Court.”

In the Matter of Jones, 401 N.E.2d 1351 (Mass. 1980). · cites it 3× “1 The Pro *828 bate Court judge reserved and reported questions concerning the estate plan to the Appeals Court pursuant to G. L. c. 215, § 13.* 2 We transferred the case to this court on our own motion.”

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