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(a) Authority to act on motion requesting procedural relief

Consistent with Mass. R. A. P. 15(c), a single justice has authority to grant or deny any request for procedural relief.  In addition, the Clerk of the Appeals Court, including the court's assistant clerks and deputy clerks ("clerk"), has authority to act on behalf of the Appeals Court to enter actions and orders on procedural motions and matters.  An action or order of a clerk is subject to review by a single justice if a motion for reconsideration seeking such review is filed within 14 days of the action or order.

(b) Review of single justice's action

(1) The review of the action of a single justice that is afforded by the last sentence of Mass. R. A. P. 15(c) shall be by a panel of the Appeals Court, shall be claimed by an appeal to such a panel pursuant to Mass. R. A. P. 3(a) and 4, and shall be prosecuted in the same manner as if the single justice were the "lower court" within the meaning of Mass. R. A. P. 1(c).  See Mass. R. A. P. 1(a) and (b).  

(2) The appeal may be docketed as a new appeal or consolidated with any pending appeal.

(A) If the appeal is docketed as a new appeal, in lieu of briefing as required under the Massachusetts Rules of Appellate Procedure, the appellant shall file and serve within 14 days of the docketing of the new appeal, a memorandum of law, with citations to pertinent legal authorities, not to exceed 10 pages in monospaced font or 2,000 words in proportionally spaced font, identifying the claimed abuse of discretion or error of law committed by the single justice.  The memorandum of law shall be accompanied by a record appendix that includes the papers filed to the single justice, including any memorandum of decision from the single justice.  The appellee shall file and serve a responsive memorandum of law not to exceed 10 pages in monospaced font or 2,000 words in proportionally spaced font, within 14 days after service of the appellant's memorandum of law.  Proceedings in the underlying appeal shall not be stayed unless by order of the court or a single justice.

(B) If the appeals are consolidated and the party claiming the appeal from the action of the single justice has filed a brief in the underlying appeal prior to entry of the order of consolidation, the party shall file and serve within 14 days of entry of the consolidation order, a memorandum of law, with citations to pertinent legal authorities, not to exceed 10 pages in monospaced font or 2,000 words in proportionally spaced font, identifying the claimed abuse of discretion or error of law committed by the single justice.  The memorandum of law shall be accompanied by a record appendix that includes the papers filed to the single justice, including any memorandum of decision from the single justice.  If the party claiming the appeal from the action of the single justice has not filed a brief in the underlying appeal prior to entry of the consolidation order, the party's brief shall include all of the party's arguments in the consolidated appeal.  If the responding party has filed a brief in the underlying appeal prior to entry of the order of consolidation, any response shall be a memorandum of law not to exceed 10 pages in monospaced font or 2,000 words in proportionally spaced font, filed and served within 14 days after service of the appealing party's memorandum of law.  If the responding party has not filed a brief in the underlying appeal prior to entry of the consolidation order, the responding party's brief shall include all of the party's arguments in the consolidated appeal.

Downloads for Appeals Court Rule 15.0 Review of action on motions requesting procedural relief

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