(a) Contents of Application. An application to a single justice for leave to appeal an order determining a motion to suppress evidence prior to trial pursuant to Mass.R.Crim.P. 15(a)(2) shall contain the following: (1) the docket number of the trial court case; (2) the findings and rulings by the trial court; (3) a brief memorandum of law, including an explanation of how the administration of justice would be facilitated by the grant of leave to appeal; (4) an estimate of the length of the trial; (5) the scheduled trial date or next scheduled trial court event; (6) in an application by the Commonwealth, a statement whether the Commonwealth has a viable case without the suppressed evidence, and the strength of that case, if viable. Unless requested by the single justice, a transcript shall not accompany the application. The caption of the case shall remain the same as in the trial court.
(b) Time for Filing an Application. Notwithstanding the ten day provision of Mass.R.Crim P. 15(b)(1) , an application for leave to appeal under Mass.R.Crim.P. 15(a)(2) shall be made by filing within seven days of the issuance of notice of the order being appealed, or such additional time as either the trial judge or the single justice of the Supreme Judicial Court shall order, (1) a notice of appeal in the trial court, and (2) an application to the single justice of the Supreme Judicial Court for leave to appeal.
(c) Opposition. Within seven days after the filing of the application for leave to appeal, or such shorter time as the single justice may direct, the other party or parties to the case may, but need not, file and serve a brief memorandum in opposition setting forth reasons why the application should not be granted.
(d) Filing; Service. One copy of the application and supporting documents and one copy of each memorandum in opposition shall be filed in the office of the Clerk of the Supreme Judicial Court for Suffolk County with a certificate of service on all other parties in the case, setting forth the name, address, and telephone number of counsel or other persons upon whom service has been made.
(e) Hearing. The single justice will consider the application on the papers submitted pursuant to this order unless he or she otherwise orders.
Adopted effective February 1, 1997.
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