Clerk's Guide - Further Appellate Review
Applications for further appellate review are governed by the provisions of Rule 27.1 of the Massachusetts Rules of Appellate Procedure.
In brief, the FAR application should be filed within twenty days of the date of the decision of the Appeals Court. The application should be based on substantial reasons affecting the public interest or the interests of justice. 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 27.1(b). An opposition may be filed, within ten days, limited to ten pages, Rule 27.1(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 subsection.
The filing fee for an FAR application is $270.00, payable to the Supreme Judicial Court. Personal checks or certified checks are acceptable. The Clerk's Office does not take cash or credit cards.
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 27.1(d).
If the application is allowed, Rule 27.1(f) governs the filing of a new brief in lieu of copies of the Appeals Court brief, if the party so wishes. The parties on further appellate review retain the same designation (appellant or appellee) and file the same color brief as in the Appeals court. The caption remains the same as in the Appeals Court. See also Rule 19(b)(3).
The successful applicant for further appellate review will argue first, unless the court orders or the parties agree otherwise. Rule 27.1(g).