Clerk's Guide - Direct Appellate Review
Applications for direct appellate review are governed by the provisions of Rule 11 of the Massachusetts Rules of Appellate Procedure.
In brief, the DAR application should be filed within twenty days of the docketing of the appeal in the Appeals Court. The questions presented in the application should be questions of first impression or novel issues of law, constitutional questions, or questions of great public interest. Applications are decided without oral argument.
Requirements for the contents of the application, including no more than ten pages of argument, are set forth at Rule 11(b). An opposition may be filed, within ten days, limited to ten pages, Rule 11(c). The covers of the application and opposition should be white, Rule 20(b) and other requirements as to form are also covered in that Rule.
An original and seventeen copies are filed in the Clerk's Office of the Supreme Judicial Court for the Commonwealth, one copy is filed with the clerk of the Appeals Court, and a copy is served on each other party. Rule 11(d).
If the application is allowed, the time for serving and filing briefs is set forth at Rule 11(g).