The Appeals Court

Standing Orders

STANDING ORDER CONCERNING PETITIONS TO THE SINGLE JUSTICE
PURSUANT TO G. L. c. 231, § 118 (FIRST PARAGRAPH)

(a) Contents of Petition for Interlocutory Relief; Form. A petition for interlocutory relief pursuant to G. L. c. 231, § 118 (first paragraph), shall contain, in the following order: (1) a request for interlocutory review, which shall state briefly the nature of the order or action of the trial court being appealed from and the date of such order or action; (2) a statement of the issues of law raised by the petition; (3) a statement of the specific relief requested; and (4) a copy of the order of the trial court. A draft order for the single justice may be attached. References to the parties in the petition shall be by the designation of the party in the trial court (e.g., "plaintiff," "defendant," "third-party defendant," etc.).

(b) Supporting Memorandum of Law and Addendum. The petition shall, unless otherwise ordered, be accompanied by a brief memorandum of law (not to exceed fifteen pages of text compliant with Mass.R.A.P. 20[a][1] - [3] unless prior leave of court has been obtained) in support of the petitioner's position, with citations to appropriate authorities and a statement of reasons why interlocutory relief is appropriate. The argument shall make reference to those portions of the record which are directly relevant to the issues raised by the petition. Relevant portions of the record shall accompany the memorandum. Counsel are cautioned to submit only those pleadings, exhibits and papers which were before the trial court before the order appealed from was entered, and which are necessary for an adjudication of the issues raised.

(c) Opposition; Form. Within seven days (ten days if the petitioner's certificate of service required under [d] hereof shows service other than by delivery prior to the filing of the petition) after the filing of the petition or such shorter time as the court may direct, the other party or parties to the case may, but need not, file and serve an opposition thereto (not to exceed fifteen pages of text compliant with Mass.R.A.P. 20[a][1] - [3] unless prior leave of court has been obtained) setting forth reasons why the petition should not be granted. The opposition shall not restate matters contained in the petition unless the opposing party is dissatisfied with the statement thereof contained in the petition. The opposition may be accompanied by such additional portions of the record as were before the trial court judge and are necessary for adjudication of the issues to be decided.

(d) Filing; Service. One copy of the petition, memorandum and supporting papers and one copy of each opposition shall be filed in the office of the Clerk of the Appeals Court 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 has discretion to determine whether a hearing shall be held.

Adopted effective September 1, 1989, with strict enforcement delayed until March 1, 1990.
Amended effective January 1, 2002.