Table of Contents

(1) Summary disposition without oral argument

At any time following the filing of the appendix and the briefs of the parties on any appeal in accordance with the applicable provisions of Mass. R. A. P. 14(b), 18, and 19, 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 decision entered under this rule shall be subject to the provisions of Mass. R. A. P. 27 and 27.1.

(2) Citation of summary dispositions

If, in a brief or other filing, a party cites to a decision issued under this rule, the party shall cite the case title, a citation to the Appeals Court Reports where issuance of the decision is noted, and a notation that the decision was issued pursuant to this rule (or its predecessor, Appeals Court Rule 1:28).  No such decision issued before February 26, 2008, may be cited.

Downloads for Appeals Court Rule 23.0: Summary disposition (formerly known as Appeals Court Rule 1:28)


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