Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 7: Disability of a member of the lower court

Effective Date: 07/01/1947

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Rule 7

If by reason of death, sickness, resignation, removal, or other disability, the judge or judges whose decision has been appealed to the appellate court be unable to perform the duties to be performed under these rules by the lower court, then any other judge regularly sitting in or assigned to such lower court may, on assignment by the Chief Justice or presiding judge of such lower court, perform those duties.

Reporter's notes

(1979) Disability of the trial judge in criminal cases was formerly dealt with in Supreme Judicial Court Rule 1:10 (1975: 366 Mass. 859-60) and Appeals Court Rule 1:10 (1975: 3 Mass.App.Ct. 803), which are superseded by the application of this rule to criminal proceedings. As to disability of the judge under the trial rules, see Mass.R.Civ.P. 63 (1974) and Mass.R.Crim.P. 38 (1979).

(1973) This rule, which does not appear in the Federal Rules of Appellate Procedure, reads into appellate procedure the provisions of Mass.R.Civ.P. 63, and ensures that whenever the Appellate Rules require action by the lower court judge, his disability will not of itself impede the appellate process.

 

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