Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 125A (2026)

Further report of material facts in equity and probate appeals

✓ current as of July 2026

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Section 125A. Upon appeal in any case, in equity or probate, where the evidence is not reported, the full court, if of opinion that a report of material facts required by or made under section fifteen A of chapter one hundred and eighty-five, section twenty-three of chapter two hundred and fourteen, or section eleven of chapter two hundred and fifteen, is not sufficient to enable the court properly to adjudicate the subject matter involved, may in its discretion, by order transmitted to the trial court, direct the justice, or judge, to make such further report of facts as the full court shall deem necessary. Upon compliance with such direction, seven typewritten copies of such further report shall be filed by the clerk or register with the clerk of the supreme judicial court for the commonwealth for the use of the full court.

Notes of Decisions

Cited in 9 cases, 1959–1974 · leading case: Sodones v. Sodones, 314 N.E.2d 906 (Mass. 1974).

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Sodones v. Sodones, 314 N.E.2d 906 (Mass. 1974). “5 While it is true that this court has the power to remand a case for a further report of material facts, see G. L. c. 231, § 125A, the judge who originally sat on this case is no longer sitting as a judge of the Probate Court.”

Reed v. Reed, 163 N.E.2d 919 (Mass. 1960). “See G. L. c. 231, § 125A, inserted by St. 1949, c.”

Moutinho v. Moutinho, 172 N.E.2d 596 (Mass. 1961). “But, as we feel able “properly to adjudicate the subject matter,” we shall not order a further report under G. L. c. 231, § 125A, inserted by St. 1949, c.”

Hale v. Gravallese, 162 N.E.2d 817 (Mass. 1959). “See G. L. c. 231, § 125A; H. B. Budding Co. v.”

Investors Auto. Holding Co. v. Donovan, 311 N.E.2d 892 (Mass. App. Ct. 1974). “The question thus resolves itself into one of how far we should go in attempting to decide the case according to our own judgment of the uncontradicted evidence and undisputed facts. Compare Skil Corp. v.”

Delzenero v. Berube, 312 N.E.2d 572 (Mass. App. Ct. 1974). “Because the trial judge’s retirement precludes our remanding the case for further findings under the provisions of G. L. c. 231, § 125A, the decree allowing the account must stand or fall on the facts found in the report.”

Hale v. Gravallese, 166 N.E.2d 557 (Mass. 1960). “We retained it (G. L. c. 231, § 125A) to obtain from the trial judge findings as to the nature and form of the corpus of the estate held by the guardian in order to determine what part, if any, of the estate is exempt from the claim of the petitioner under 38 U.”

Lawson v. Lawson, 162 N.E.2d 670 (Mass. 1959). “G. L. c. 231, § 125A, inserted by St. 1949, c.”

Wilson v. Wilson, 225 N.E.2d 375 (Mass. 1967). “Accordingly, we do not order a further report under G. L. c. 231, § 125A, inserted by St. 1949, e.”

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