. . ." John Gilbert Jr. Co. v. C.M. Fauci Co. 309 Mass. 271, 272. The action of the judge in denying the motion for a temporary injunction, if not the equivalent of an interlocutory decree (see Bressler v. Averbuck, 322 Mass. 139, 143), was at least an order, and could be the subject of a report under § 30 provided the other requirements of that section are satisfied.
"Interlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing." Commonwealth v. Henry's Drywall Co., 362 Mass. 552, 557, 289 N.E.2d 852 (1972), quoting John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271, 273, 34 N.E.2d 685 (1941). Interlocutory reports are not to "be permitted to become additional causes of the delays in criminal trials which are already too prevalent."
Regardless, even on the merits, we think it is questionable whether the postjudgment rulings in this case necessitated a report as they do not present issues of such a serious nature as to overcome the appellate courts' reluctance to engage in piecemeal appellate review. See John Gilbert, Jr., Co. v. C.M. Fauci Co., 309 Mass. 271, 273, 34 N.E.2d 685 (1941). See also Transamerica Ins. Group v. Turner Constr. Co., 33 Mass.App.Ct. 446, 447 n. 2, 601 N.E.2d 473 (1992).
The questions reported have no bearing on the issues for trial regarding the defendant's guilt of the crimes charged. See Commonwealth v. Fitta, 391 Mass. 394, 397 (1984), quoting John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271, 273 (1941) ("Interlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing"). The case is moot because the defendant's prior bail was reinstated before the Superior Court judge reported the questions to the Appeals Court.
"Interlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing." John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271, 273 (1941). Authors of a well-known text have, in explaining the concept, asked the question: "Does the matter so touch `the merits of the controversy' that it requires appellate determination before the trial can proceed further?
"Interlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing." Commonwealth v. Henry's Drywall Co., 362 Mass. 552, 557 (1972), quoting John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271, 273 (1941). Interlocutory reports, however, may be appropriate when the alternative is a prolonged, expensive, involved, or unduly burdensome trial.
See also People v. Ford, 417 Mich. 66 (1982); State v. Karpinski, 92 Wis.2d 599 (1979). Finally, we repeat that "'[i]nterlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing.' John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271, 273 [1941]. Bendslev v. Commissioner of Pub. Safety, 328 Mass. 443, 445 [1952].
Normally, a report of an interlocutory order may be made only by the Justice who made the interlocutory ruling. G.L.c. 231, § 112. Cf. John Gilbert Jr. Co. v. C.M. Fauci Co., 309 Mass. 271 (1941). The single justice properly reported the Commonwealth's motion for summary judgment to this court.
The second reason is that any answer which we might give to this question is not likely to be material in the ultimate decision of these cases. John Gilbert Jr. Co. v. C.M. Fauci Co. 309 Mass. 271, 273. If we were to hold that the portion of the now repealed § 213 which is quoted in the question violated any or all of the cited constitutional provisions, it would not follow that the arrest of any of the defendants would be unlawful. The reasons for this statement are evident in the discussion of the next question below.
"Interlocutory matters should be reported only where it appears that they present serious questions likely to be material in the ultimate decision, and that subsequent proceedings in the trial court will be substantially facilitated by so doing." John Gilbert Jr. Co. v. C.M. Fauci Co. 309 Mass. 271, 273. Bendslev v. Commissioner of Pub. Safety, 328 Mass. 443, 445. This test is not met in the present case where an interlocutory decision by this court might avoid the necessity of holding what would appear to be a very short trial which the parties have already avoided for almost five years. "Where conducive to justice, a court may set aside a stipulation made by the parties."