D.R. Peck Excavating, Inc. v. Machado

RESCRIPT

If DRPE wished to preserve its regular appellate rights (and other incidents of the regular civil process), it had an avenue by which to do so. Before the case was tried initially to the clerk-magistrate, it could have requested that the case be transferred out of the small claims session and onto the regular civil docket. G. L. c. 218, § 24. Rule 4(a) of the Uniform Small Claims Rules (2009). See Perlin & Connors, supra at § 15.36. We have consistently held that a defendant who fails to take that step has no right later to obtain review under G. L. c. 211, § 3, to replace the…