Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 11.1: Transfer from Supreme Judicial Court

Effective Date: 07/01/1974

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Rule 11.1

In the case of a direct appeal to the Supreme Judicial Court, within fourteen days after the appeal has been docketed, or such further time as a single justice upon motion for cause shown may allow, any party may serve and file a motion, on notice, to transfer the appeal to the Appeals Court. The motion: (a) shall not exceed five typewritten pages; (b) shall succinctly specify the grounds for transfer; and (c) shall conform to Rules 13, 14, 15, and 20(b). Within seven days after filing of the motion, any other party may serve and file an opposition to the transfer. The opposition: (a) shall not exceed five typewritten pages; (b) shall succinctly specify the reasons for opposing the transfer; and (c) shall conform to Rules 13, 14, 15, and 20(b).

No oral argument will be permitted.

Reporter's notes

(1973) Appeals which have proceeded direct to the Supreme Judicial Court without application of a party, that is, on judicial certification or order, see Appellate Rule 11(f), have by definition not afforded the parties an opportunity to oppose direct review. (Review after application, of course, has resulted from a procedure permitting the party not applying for direct review to oppose it, Appellate Rule 11(c).) Appellate Rule 11.1 permits either party to an appeal which has been brought up to the Supreme Judicial Court without application to indicate any reason why the case should be transferred back to the Appeals Court.
 

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