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Appellate practice differs from trial court practice in numerous respects, being subject to entirely separate procedural rules and raising unique legal and procedural issues. The following articles concern issues which a Massachusetts appellate attorney may encounter in appeals to the Massachusetts Supreme Judicial Court, the Appeals Court or the Appellate Division of the District Court.
- A Summary of the Massachusetts Rules of Appellate Procedure: Civil Appeals From Notice of Appeal Through Oral Argument.
- Post-Decision Practice in the Massachusetts Appellate Courts. Learn how to file a Motion for Reconsideration or an Application for Further Appellate Review.
- Application for Direct Appellate Review by the Supreme Judicial Court. A party who wants an appeal to be heard in the first instance by the Supreme Judicial Court may file an Application for Direct Appellate Review.
- When is an Order or Judgment Appealable? Learn about the general requirement of finality and exceptions which allow for appeal of interlocutory judgments.
- Interlocutory Review Under Massachusetts G.L. c. 231, §118, ¶1. Learn how to obtain review of an interlocutory order by a single justice of the Massachusetts Appeals Court, under Massachusetts G.L. c. 231, s.118.
- Report of a Case by the Trial Court to the Massachusetts Appeals Court. Although usually only final judgments are appealable, Mass. R. Civ. P. 64 allows a trial court to report a case for determination by the Appeals Court.
- Rule 54(b) Certification. Learn how certification under Massachusetts Rule of Civil Procedure 54(b) provides an exception to the general rule that only final judgments may be appealed.
- The Doctrine of Present Execution. Learn how the doctrine of present execution provides an exception to the general rule that only final judgments may be appealed.
- How to Obtain an Extension of Time to File an Appellate Brief in the Massachusetts Appeals Court. A party needing additional time to file an appellate brief must seek an extension from the Massachusetts Appeals Court. Learn how to obtain an extension.
- Court Statistics Show Appeals Are Difficult to Win. Statistics released by the Massachusetts Appeals Court confirm the conventional wisdom that appeals are difficult to win.
- The Massachusetts Appeals Court Requires Electronic Filing of Many Documents. Learn which documents must be filed electronically and the procedure for doing so.
- Beware: A Rule 59 Motion Filed More Than 10 Days After Judgment Does Not Extend the Time for Appeal. A trap for the unwary: When a Rule 59 post-trial motion is filed more than 10 days after the judgment, it does not extend the time for appeal.