Rule 64.Report of Case
Part VIII. Provisional and Final Remedies and Special Procedures · Last verified September 4, 2026
Full Text of Rule 64
Plain-English Summary
Rule 64 is the route by which a question leaves the trial court without an appeal from a final judgment. It offers three of them.
Three reports
After decision. The court, after verdict or after a finding of facts under Rule 52, may report the case for determination by the appeals court.
On an interlocutory matter. Where the trial court is of opinion that an interlocutory finding or order so affects the merits of the controversy that the matter ought to be determined before any further proceedings, it may report that matter — and may stay all further proceedings except those necessary to preserve the parties' rights.
On agreed facts. On the parties' request, in any case where they agree in writing as to all the material facts, the court may report the case without making any decision on it. That is the unusual one: the trial court sends the question up without ruling.
The Supreme Judicial Court branch
In an action commenced before a single justice of the Supreme Judicial Court, the court may report in any of those circumstances to either the appeals court or the full Supreme Judicial Court. A single justice may also, at any time, reserve any question of law for the full court, reporting so much of the case as is necessary to understand the question reserved.
District Court
Subsection (b) routes a District Court report or ruling to the Appellate Division under District and Municipal Courts Rules for Appellate Division Appeal 5 — a rule not carried on this site.
Note that in every branch the decision to report belongs to the court. Rule 64 gives a party no right to a report; the agreed-facts branch requires the parties' request and their written agreement, but the verb is still "may".
Frequently Asked Questions
Can I appeal an interlocutory order in the Probate and Family Court?
Rule 64(a) allows the trial court to report an interlocutory finding or order where it is of opinion that the matter so affects the merits of the controversy that it ought to be determined by the appeals court before any further proceedings, and to stay all further proceedings except those necessary to preserve the rights of the parties. The decision to report rests with the court.
Can a case go up on agreed facts without a decision?
Yes. Rule 64(a) allows the court, on the parties' request and where they agree in writing as to all the material facts, to report the case to the appeals court for determination without making any decision on it.
Who decides whether to report?
The court. Rule 64 is framed permissively in each branch, so a party may request a report but cannot compel one.
What happens in an action before a single justice of the Supreme Judicial Court?
The court may report the case in the circumstances described to either the appeals court or the full Supreme Judicial Court, and a single justice may at any time reserve any question of law for the full court, reporting so much of the case as is necessary for understanding the question reserved.