Within 21 days after the decision issues from the Appeals Court, any party to an appeal may file an application for further appellate review of the case by the full Supreme Judicial Court. Applications for further appellate review (FAR) are governed by the provisions of Rule 27.1 of the Massachusetts Rules of Appellate Procedure.
The application should be based on substantial reasons affecting the public interest or the interests of justice. Applications are decided without oral argument.
Requirements for the contents of the application, including no more than 10 pages of argument, are set forth at Rule 27.1(b). A response may be filed, within 14 days after the filing of the application, limited to 10 pages, Rule 27.1(c). The covers of the application and response should be white and require the contents specified in Rule 20(a)(6). Text and pagination requirements are fount in Rule 20(a)(4).
One copy of the application and of each response shall be filed in the office of the clerk of the full Supreme Judicial Court. No copy of the application or any response need be filed in the Appeals Court. Rule 27.1(d). The Appeals Court receives automatic notification from the Supreme Judicial Court when a FAR docket number is assigned by the Supreme Judicial Court.
The filing fee for an FAR application is $270.00, payable to the Supreme Judicial Court. Personal checks or certified checks are acceptable. The Supreme Judicial Court Clerk's Office does not take cash or credit cards.
If the application is allowed, Rule 27.1(f) governs the filing of a new brief in lieu of copies of the Appeals Court brief, if the party so wishes. The parties on further appellate review retain the same designation (appellant or appellee) and file the same color brief as in the Appeals court. The caption remains the same as in the Appeals Court.