Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 97 (2026)

Appeal to superior court

✓ current as of July 2026

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Section 97. Unless a written waiver of the right of appeal has been filed by all the parties, a party aggrieved by the judgment of a district court in a civil action may appeal therefrom to the superior court within 6 days after the entry thereof. In that case no execution shall be issued on the judgment appealed from. The case shall be entered in the superior court pursuant to section 101 and shall there be tried and determined as if originally entered therein. This section shall not apply to civil actions for money damages and to summary process actions brought in the district court and Boston municipal court departments pursuant to section 19 of chapter 218 and chapter 239.

Notes of Decisions

Cited in 73 cases (1 in the last 5 years), 1924–2024 · leading case: Shea v. Neponset River Marine & Sportfishing, Inc., 437 N.E.2d 250 (Mass. App. Ct. 1982).

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Shea v. Neponset River Marine & Sportfishing, Inc., 437 N.E.2d 250 (Mass. App. Ct. 1982). · cites it 9× “239, which govern summary process proceedings, and G. L. c. 231, §§ 97, 103 and 104, *123 which govern civil proceedings in general and parties’ rights to a jury trial by removal and by appeal to the Superior Court.”

ROPT Ltd. P'ship v. Katin, 729 N.E.2d 282 (Mass. 2000). · cites it 5× “governed by G. L. c. 231, § 97.” We thus reject the plaintiff’s argument that § 4 of St.”

Godfrey v. Chief of Police of Wellesley, 616 N.E.2d 485 (Mass. App. Ct. 1993). · cites it 5× “Godfrey next claimed an appeal to the Superior Court under G. L. c. 231, § 97. After a hearing on cross motions for summary judgment brought under Mass.”

Third Nat'l Bank of Hampden Cnty. v. CONT. INS. CO, 446 N.E.2d 380 (Mass. 1983). · cites it 2× “161, 165-166 (1961); G. L. c. 231, § 97. If a party elects to claim a report, another opportunity exists to request trial in the Superior Court after a decision by the Appellate Division.”

Zuker v. Clerk-Magistrate of the Brookline Div. of the Dist. Court Dep't, 423 Mass. 856 (Mass. 1996). · cites it 7× “The appeal (which we transferred to this court from the Appeals Court on our own motion) concerns the dismissal by the Superior Court, for lack of jurisdiction, of the landlord’s appeal under G. L. c. 231, § 97 (1994 ed.), which sought de nova review of the Brookline District…”

Cranberry Realty & Mortg. Co. v. Ackerley Commc'ns, Inc., 457 N.E.2d 674 (Mass. App. Ct. 1983). · cites it 3× “377, § 103, “manifested an intent by the Legislature that the provisions of G. L. c. 231, §§ 97, 103 et seq., were to apply to summary process cases just as they apply to all civil actions.”

Costarelli v. Commonwealth, 373 N.E.2d 1183 (Mass. 1978). “376, 377 (1883); G. L. c. 231, § 97, as appearing in St. 1973, c.”

Roche v. Roche, 493 N.E.2d 523 (Mass. App. Ct. 1986). · cites it 2× “Kathleen took an appeal to the Superior Court (G.L.c. 231, § 97, and c. 239, § 5), which came before the same *312 judge who had heard the trial of the challenge to the foreclosure sale.”

Parrell v. Keenan, 452 N.E.2d 506 (Mass. 1983). “See generally G. L. c. 231, §§ 97, 102C and 104; Pupillo v.”

Kargman v. Superior Court, 357 N.E.2d 300 (Mass. 1976). · cites it 2× “(G. L. c. 231, § 97, and G. L. c. 239, § 3.”

Locke v. Slater, 442 N.E.2d 732 (Mass. 1982). “Unless reversed by this court, the result of the denial by the Appellate Division of the plaintiffs’ petition to establish the report is that the action is disposed of as if no request for report had been made.”

Ruggiero v. Police Comm'r of Boston, 464 N.E.2d 104 (Mass. App. Ct. 1984). “1 Review was sought pursuant to the provisions of G. L. c. 231, § 97. Note also the availability of review by an action in the nature of certiorari (G.”

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