Massachusetts General Laws

Mass. Gen. Laws ch. 261, § 27D (2026)

Appeal; notice; record; speedy hearing; stay of proceedings; decision final

✓ current as of July 2026

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Section 27D. In any case where the court denies a request for waiver, substitution or payment by the commonwealth of fees and costs, pursuant to section twenty-seven C or any other provision of law, the applicant may take an appeal as hereafter provided. If the matter arises in the superior, the land, the probate or the housing court departments, the appeal shall be to a single justice of the appeals court at the next sitting thereof. If the matter arises in the juvenile court department, the appeal shall be to the superior court sitting in the nearest county or in Suffolk county. If the matter arises in the district court or Boston municipal court departments, the appeal shall be to the appellate division. Upon being notified of the denial the applicant shall also be advised of his right of appeal, and he shall have seven days thereafter to file a notice of appeal with the clerk or register. Upon receipt of notice of appeal timely filed the clerk or register shall forthwith notify the judge or justice, who shall within three days set forth his written findings and reasons as provided in paragraph (4) of section twenty-seven C. The court denying the request may, with or without motion, stay proceedings pending appeal or issue any other order or process to preserve the rights of the parties pending the appeal. The clerk or register shall then forward the affidavit and request, the court's findings and reasons for denial and any other documents on file relevant to the appeal, to the clerk of the court deciding the appeal, who, upon receipt thereof, shall refer the matter to the court for speedy decision and shall promptly notify the applicant of such decision. The court deciding the appeal may enter a stay or revoke an existing stay or other order, and its decision shall be final with respect to such request.''

Notes of Decisions

Cited in 59 cases (5 in the last 5 years), 1978–2026 · leading case: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019).

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Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019). · cites it 3× “See G. L. c. 261, § 27D. An applicant has seven days to file a notice of appeal.”

Commonwealth v. Zimmerman, 804 N.E.2d 336 (Mass. 2004). · cites it 4× “” Zimmerman did not take an interlocutory appeal under G. L. c. 261, § 27D. His right to raise the issue on appeal is not waived, however, because the motion judge did not advise Zimmerman of his right to take an interlocutory appeal, as she was required to do under G.”

Gos v. Brownstein, 526 N.E.2d 1267 (Mass. 1988). · cites it 4× “2 Pursuant to G. L. c. 261, § 27D, the plaintiff appealed to a single justice of the Appeals Court from the denial of her motions seeking court payment of deposition-related expenses.”

Commonwealth v. Souza, 490 N.E.2d 1173 (Mass. 1986). · cites it 4× “” No claim of variance can lie in this case.”

Commonwealth v. Arriaga, 781 N.E.2d 1253 (Mass. 2003). · cites it 2× “More than one year later, on July 31, 1997, the defendants filed an ex parte motion for funds for “completing and supplementing the analysis of Essex County jury data previously presented in this case.”

Hunt v. Appeals Court, 828 N.E.2d 522 (Mass. 2005). · cites it 4× “However, the Appeals Court single justice issued an order that “no action” be taken on this appeal, stating that “G. L. c. 261, § 27D, does not provide for a right of appeal from the denial by a single justice of a motion to waive the entry fee.”

Edwards, 984 N.E.2d 276 (Mass. 2013). · cites it 4× “80 of the requested authorization, the judge, in compliance with G. L. c. 261, § 27D (§ 27D), issued written findings and reasons for his denial of these funds on May 9.”

Commonwealth v. Pope, 467 N.E.2d 117 (Mass. 1984). · cites it 2× “G. L. c. 261, § 27D. On appeal, the defendant alleges several errors by the judge which he claims, considered cumulatively, denied him due process of law and a fair trial,, and thus warrant a reversal of his conviction.”

Commonwealth v. Davis, 574 N.E.2d 1007 (Mass. 1991). · cites it 2× “261, § 27C, the applicant’s appeal lies to the single justice of the Appeals Court.”

Bartlett v. Greyhound Real Est. Fin. Co., 669 N.E.2d 792 (Mass. App. Ct. 1996). · cites it 2× “The court contrasted § 6G in this respect with G. L. c. 261, § 27D, which has always expressly *286 provided that an Appeals Court single justice’s decision on costs for an indigent party “shall be final,” in the sense of permitting no further appeal.”

Little v. Rosenthal, 382 N.E.2d 1037 (Mass. 1978). “The plaintiff also challenges the presiding judges’ denial of her "request for waiver, substitution or county payment of fees and costs,” pursuant to G. L. c. 261, § 27D, inserted by St. 1974, c.”

Morales v. Appeals Court, 696 N.E.2d 509 (Mass. 1998). · cites it 4× “A single justice of the Appeals Court again ordered that the appeal be dismissed, this time because the petitioner failed to file his notice of appeal within the statutory seven-day period required under G. L. c. 261, § 27D. In an apparent effort to circumvent the untimeliness…”

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