Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 24: Justices' participation

Effective Date: 07/01/1974

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(a) Other justices may participate without reargument

Whenever the justices before whom a law question has been heard so desire, others of the justices may be called in to take part in the decision, upon a perusal of the record and briefs, without reargument.

(b) Justice may review own ruling in certain cases

No justice shall sit on the hearing of any proceeding in the nature of a review of any judgment decree, order, or ruling made by him; provided, however, that this shall not apply where it is necessary to secure a quorum or where the other justices of the court shall be equally divided in opinion.

Reporter's notes

(1979) Rule 24 is unchanged, but in criminal cases supersedes former Appeals Court and Supreme Judicial Court Rules 1:18 (1972: 1 Mass.App.Ct. 892, amended, 1975: 3 Mass.App.Ct. 801. 1967: 351 Mass. 731, amended, 1975: 366 Mass. 853) and 1:19 (1975: 3 Mass.App.Ct. 804. 1967: 351 Mass. 741-42, amended, 1975: 366 Mass. 853).

(1973) Appellate Rule 24(a) permits the participation in a decision of a justice who has not heard argument. Appellate Rule 24(b) regulates a justice’s participation in review of his own ruling. The rule codifies prior practice, S.J.C. Rule 1:18, 1:19; Appeals Court Rule 1:18.

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