Appeals Court Rules

(Applicable to all cases)

Appeals Court Rules Appeals Court Rule 1:28: Summary disposition

Adopted Date: 06/26/1975
Effective Date: 01/01/2009
Updates: Adopted June 26, 1975, effective September 8, 1975 Amended February 28, 1978, effective March 2, 1978
Amended effective September 25, 1980 Amended April 28, 1998, effective September 1, 1998 Amended November 25, 2008, effective January 1, 2009

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Rule 1:28

At any time following the filing of the appendix (or the filing of the original record) and the briefs of the parties on any appeal in accordance with the applicable provisions of Rules 14(b), 18 and 19 of the Massachusetts Rules of Appellate Procedure, a panel of the justices of this court may determine that no substantial question of law is presented by the appeal or that some clear error of law has been committed which has injuriously affected the substantial rights of an appellant and may, by its written order, affirm, modify or reverse the action of the court below. The panel need not provide an opportunity for oral argument before disposing of cases under this rule. Any order entered under this rule shall be subject to the provisions of Rules 27 and 27.1 of the Massachusetts Rules of Appellate Procedure.

If, in a brief or other filing, a party cites to an order issued under this rule, the party shall cite the case title, a citation to the Appeals Court Reports where issuance of the order is noted, and a notation that the order was issued pursuant to this rule; in addition, a party citing such an order shall include the full text of the order as an addendum to the brief or other filing. No such order issued before February 26, 2008, may be cited.

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Updates: Adopted June 26, 1975, effective September 8, 1975 Amended February 28, 1978, effective March 2, 1978
Amended effective September 25, 1980 Amended April 28, 1998, effective September 1, 1998 Amended November 25, 2008, effective January 1, 2009

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