Such a report is authorized in three circumstances. First, the trial court may report a case “after verdict or after a finding of facts under Rule 52.” Mass. R. Civ. P. 64(a). Second, a report is authorized where the trial court “is of the opinion that an interlocutory finding or order made by it so affects the merits of the controversy that the matter ought to be determined by the appeals court before any further proceedings….” Id. Third, where the parties request a report and have “agreed in writing as to all the material facts, [the court] may report the case to the appeals court for determination without making any decision thereon.” Id.
The Appeals Court may decline to accept a reported case.
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