I. Entry of an Appeal
See generally Rule 10(a) of the Massachusetts Rules of Appellate Procedure.
An appeal from the action of the Single Justice, upon the assembly of the record, is entered upon the payment of the filing fee of $300, or upon request of the party if the fee has been waived. Thereafter the briefing is governed by Rule 19.
II. 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, 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 under Rule 11(g).
III. 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, 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).
IV. Full Bench Motions Procedure
A statement of the required form of motions is found in Rule 20 of the Massachusetts Rules of Appellate Procedure.
Motions must be filed and served in accordance with Rule 13.
The content of motions is discussed in Rule 15.
Motions may be referred for disposition to a single justice, from which an appeal may be taken and briefed. Or motions may be referred to the Justices who may hear argument, if the issue is briefed, at the time the case in chief is argued.
Generally the Clerk's Office will wait ten days for a response or opposition to any motion filed, before referring the matter to the justices on the papers: motions are not argued before the full bench unless so directed by the Justices.
Motions to Strike. Motions to strike are referred to the panel that hears the case. Correctable defects in form or timing of filings are generally not dispositive of cases pending on appeal and motions to strike on those bases are not favored.
Motions to Dismiss. Motions to dismiss are referred to the Justices, who may hear argument, if the issue is briefed, at the time the case in chief is argued.
Dismissal. Dismissal of a case on appeal -- upon agreement or settlement, by reason of mootness, or other disposition -- is governed by Rule 29, which is specific in its requirements.
Motions to Impound. Motions to impound filed in the first instance in this court are not favored. See SJC Rule 1:15. Impoundment Procedure, and Trial Court Rule VIII.
Motions for New Trial in First Degree Murder Appeals. If, while the appeal is pending but before argument, the defendant wishes to file a motion for a new trial, it should be filed in the Clerk's Office, whereupon it will be remanded to the trial court for hearing or other appropriate proceedings. See Rule 19(d)(2).
If the defendant files a motion for new trial in the Trial Court after plenary review under G.L. c. 278, §33E, the propriety of an appeal from an adverse ruling is subject to the gatekeeper function of the single justice.
Motions for Attorney's Fees and Costs. Requests for costs are governed by Rule 26 of the Massachusetts Rules of Appellate Procedure.
A party must affirmatively request attorney's fees in its brief, see Yorke Mgt. v. Castro, 406 Mass. 17 (1989) and Fabre v. Walton, 441 Mass. 9 (2004).
The form of briefs is detailed under Rule 20(a) of the Massachusetts Rules of Appellate Procedure.
In particular: the appellant's brief cover is blue, appellee's brief is red, reply brief is gray, amicus or intervenor's brief is green, and the appendix is white. Service of the briefs is governed by Rules 13 and 19(a). The appellant's brief is due forty days after entry of the case, and the appellee's brief is due thirty days after that; reply briefs are due fourteen days later. An original and seventeen copies must be filed with the Clerk, and two copies are served on counsel for each party separately represented. Rule 19(b)(2) .
Requirements for the content of the briefs is set forth in Rule 16(a).
The following are required:
- A table of contents, with references to the pages in the brief where they are cited; a table of cases, statutes and other authorities, with page references.
- A statement of the issues presented.
- A statement of the case and a statement of the facts.
- If the argument is more than twenty-four pages, a summary of the argument shall appear before the argument.
- A short conclusion.
- A copy of any written findings or memorandum of decision pertinent to an issue on appeal, included as an addendum.
- A one-page plan illustrating geographical facts, if appropriate, unless reproduced in the record appendix.
- Appropriate identification of counsel.
Principal briefs are limited to fifty pages, and twenty pages for a reply brief, see Rule 16(h). Motions to exceed page limits are granted only for extraordinary reasons.
In addition, Rule 16(f) requires that constitutional provisions, statutes, rules, and regulations -- or pertinent parts -- shall be reproduced in the brief or in a statutory addendum.
The forms of Massachusetts citations are set forth in Rule 16(g).
Counsel must certify that their briefs comply with the Massachusetts Rules of Appellate Procedure. Rule 16(k).
Briefs in murder appeals have slightly different rules with respect to the time allowed for filing of the briefs. Rule 19(d)(1).
Briefs of amicus curiae are discussed at Rule 17.
Citation to supplemental authorities after briefing is governed by Rule 16(l).
VI. Oral Argument
The Justices sit for four days during the first full week of each month from September through May. Approximately 25 cases are considered each month. Sessions begin promptly at 9 a.m. Oral arguments are public proceedings. All arguments are webcast and are archived for later public viewing.
The Clerk sends notice to cases that are fully briefed and ready about two months before oral argument. From the cases in which counsel will be available on the proposed dates, the Clerk selects the cases that will be heard. The Clerk then orders those cases on the list; once a case has been ordered on a list, it cannot be removed except upon motion.
The appellant argues first, but see Rule 27.1(g) of the Massachusetts Rules of Appellate Procedure. Each side argues for fifteen minutes, with time divided as counsel agree (more than two attorneys arguing per side is not favored). No rebuttal time is allowed.
Citation to supplemental authorities after argument is governed by Rule 16(l).
Any party who has filed a brief may argue before the Justices, with the exception of incarcerated prisoners. The Supreme Judicial Court does not conduct telephonic arguments.
Any party may waive argument and submit on brief.
Most cases will be decided within 130 days of oral argument.
At 8 a.m. on the day of decision, the names of the cases to be released will be available online, and the full text of the opinion will be available at 10 a.m.
See generally, the Clerk's Guide for Counsel and Self-Represented Litigants.
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