|Updates:||Amended October 31, 2018, effective March 1, 2019, 481 Mass. 1601|
- This page, Appellate Procedure Rule 2: Suspension of rules, is offered by
- Trial Court Law Libraries
- Massachusetts Court System
Rules of Appellate Procedure Appellate Procedure Rule 2: Suspension of rules
Trial Court Law Libraries
Table of Contents
In the interest of expediting decision, or for other good cause shown, the appellate court or a single justice may, except as otherwise provided in Rule 14(b), suspend the requirements or provisions of any of these rules in a particular case, on such reasonable terms as the court or the single justice may order, on application of a party or on its own motion and may order proceedings in accordance with its direction.
The last sentence of Rule 2, which stated that “[s]uch a suspension [of the Rules] may be on reasonable terms,” was struck and its substance relocated and incorporated within the rule’s principal sentence. The amended language continues to require that any suspension of the Rules must be on “reasonable terms” and that either “the court or the single justice may” enter an order suspending the requirements or provisions of any of these Rules in a particular case.
With regard to the preparation of the 2019 Reporter’s Notes to this Rule, see the first paragraph of the 2019 Reporter’s Notes to Rule 1. For an overview of the 2019 amendments to the Rules and a summary of the global amendments to the Rules, see 2019 Reporter’s Notes to Rule 1, sections I. and II.
Appellate Rule 2, substantially tracking F.R.A.P. 2, injects flexibility into the appellate structure. It permits relaxation of the rules in the interest of expedition, or for good cause, except enlarging appeal time beyond one year from the date the appeals period begins to run.