Appeals Court Rules Appeals Court standing order governing motions to stay a judgment or execution of sentence filed pursuant to Mass. R.A.P. 6
Trial Court Law Libraries
(a) Contents of a motion for a stay; form
A motion for a stay pursuant to Mass.R.A.P. 6 shall include in the following order: (1) a request for a stay, which shall state briefly the nature of the judgment or sentence entered by the trial court for which a stay is sought, the entry date of such judgment or conviction, and the name of the judge who entered it; (2) the text of the order and rationale of the trial court denying the motion for stay or, if no such motion was filed in the trial court, a showing why filing the motion in the trial court was not practicable; (3) a statement of the issues of law raised by the motion; (4) a statement of the specific relief requested; and (5) an addendum containing copies of the judgment, notice of appeal, and the trial court's order denying the prior motion for a stay. References to the parties in the motion shall be by the designation of the party in the trial court. The motion shall not exceed five pages of text compliant with Mass.R.A.P. 20[a]- without leave of the court.
(b) Supporting memorandum of law and record appendix
The motion shall, unless otherwise ordered, be accompanied by a memorandum of law (not to exceed fifteen pages of text compliant with Mass.R.A.P. 20[a]- unless leave of the court has been obtained) in support of the movant's position, with citations to appropriate authorities and a statement addressing why a stay is appropriate. The argument shall make reference to those portions of the record which are directly relevant to the issues raised by the motion. Relevant portions of the record shall be filed as a record appendix, and include a current copy of the trial court docket entries and all relevant papers filed in the trial court, including those filed by the other party or parties. The record appendix shall commence with a table of contents that lists each document contained therein.
(c) Opposition, form
The non-moving 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]- unless leave of court has been obtained) setting forth reasons why the motion should not be granted. The opposition shall not restate matters contained in the motion unless the opposing party is dissatisfied with the statement thereof contained in the motion. The opposition may be accompanied by a supplemental record appendix containing such additional portions of the record as were before the trial court and are necessary for adjudication, and which the movant failed to include in its record appendix.
(d) Opposition, timing
(1) For motions filed in all civil matters and for criminal matters entered in the Appeals Court's single justice session (i.e., prior to the entry of an appeal pursuant to Mass.R.A.P. 10[a] or ), the other party or parties to the case may, but need not, file and serve an opposition thereto within seven days after the service of the motion (ten days if the movant's certificate of service required under [e] hereof shows service by first-class mail), or such other time as the court may direct.
(2) For motions filed in criminal appeals subsequent to the entry of and during the pendency of a direct or collateral appeal in the Appeals Court , the time limit for a response is governed by the provisions of Mass.R.A.P. 6(b)(2).
(3) For motions filed in civil appeals entered pursuant to Mass.R.A.P. 10[a], the other party or parties to the case may, but need not, file and serve an opposition thereto within seven days after the service of the motion (ten days if the movant's certificate of service required under [e] hereof shows service by first-class mail), or such other time as the court may direct.
(e) Filing; service
The motion, memorandum, record appendix, and any subsequently filed opposition and supplemental record appendix, 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, including the service and filing of a copy in the appropriate trial court clerk's office from which the matter arose. No additional paper copies of the motion or opposition are required to be filed in the Appeals Court . The certificate of service shall set forth the name, address, and telephone number of counsel or other persons upon whom service has been made, and specify the date and manner of service. The certificate of service shall identify the name of each party represented by counsel and specify the counsel who represents each party.
Service may be personal or by first class mail. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by first class mail is complete on mailing.
(f) Impounded or confidential information
In any case in which the trial court entered an order impounding, sealing, or excluding from public access all or any portion of the trial court records, or there is material or information in a party's motion, addendum, memorandum, or any appendix that is automatically impounded or deemed confidential by statute or court rule, the parties shall comply with Mass.R.A.P. 16(d), 16(m), and 18(g). See G. L. c. 265, § 24C. The parties shall comply with Supreme Judicial Court Rule 1:24, Protection of Personal Identifying Information in Publicly Accessible Court Documents in all filings to the Appeals Court.
(g) Electronic copy
When a party represented by counsel files a motion or opposition thereto, including any supporting memorandum of law, the filer shall, in addition to the paper copy, simultaneously provide the court with a searchable PDF (portable document format) copy of the motion or opposition, and supporting memoranda of law, either (i) on a CD-ROM, or (ii) by an email, to which the PDF copy is attached, sent to: email@example.com. A PDF copy of the record appendix may be filed if feasible to produce it.
The CD-ROM and email filing requirements are waived for self-represented litigants.
The single justice has discretion to determine whether a hearing shall be held.
|Updates:||Adopted effective June 1, 2011 Amended September 28, 2016, effective November 1, 2016|