The Standing Advisory Committee on the Rules of Appellate Procedure solicits comments on proposed amendments to Mass. R. App. P. 4 (Appeal - When Taken) and 17 (Brief of an Amicus Curiae).
The proposed amendments to Rule 4 address the effect of timely-filed motions for reconsideration on the time period for filing notices of appeal in criminal cases. The proposed amendments are in Rule 4(b) (Appeals in criminal cases).
The proposed amendments to Rule 17 clarify that if the Commonwealth, or any of its officers or agencies, including the Committee for Public Counsel Services (CPCS), is one of the individuals or organizations on an amicus brief, the brief may be filed as of right and any such Commonwealth amici need not make the declarations required under Rule 17(c)(5). All non-Commonwealth amici are required to make the declarations, even if the brief is also joined by a Commonwealth amici. The proposed amendments are in Rule 17(a) (General) and (c) (Cover, length, and content).
The proposed amendments and Reporter's Notes appear at the links below. Comments should be directed to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before April 12, 2021. Comments may also be emailed to timothy.maguire@jud.state.ma.us. Comments received will be made available to the public.
Proposed Amendments to Mass. R. App. P. 4(b)
Proposed Amendments to Mass. R. App. P. 4(b) - Redlined Version
Proposed Amendments to Mass. R. App. P. 4(b) - Reporter's Notes
Proposed Amendments to Mass. R. App. P. 17
Proposed Amendments to Mass. R. App. P. 17 - Redlined Version
Proposed Amendments to Mass. R. App. P. 17 - Reporter's Notes