RULE 27.1 FURTHER APPELLATE REVIEW
(a) Application; When Filed; Grounds. Within twenty days after the date
of the
rescript of the Appeals Court any party to the appeal may file an application
for
leave to obtain further appellate review of the case by the full Supreme
Judicial
Court. Such application shall be founded upon substantial reasons affecting
the
public interest or the interests of justice. Oral argument in support of
an
application shall not be permitted except by order of the court.
(b) Contents of Application; Form. The application for leave to obtain
further
appellate review shall contain, in the following order: (1) a request for
leave to
obtain further appellate review; (2) a statement of prior proceedings in
the case
(including whether any party is seeking a rehearing in the Appeals Court);
(3) a
short statement of facts relevant to the appeal (but facts correctly stated
in the
opinion, if any, of the Appeals Court shall not be restated); (4) a statement
of the
points with respect to which further appellate review of the decision of
the
appeals court is sought; and (5) a brief statement (covering not more than
ten
pages of typing), including appropriate authorities, indicating why further
appellate review is appropriate. A copy of the rescript and opinion, if
any, of the
Appeals Court shall be appended to the application. In addition, if the
Appeals
Court entered a memorandum and order under Appeals Court Rule 1:28 which
refers to another document, such as a brief or judge's findings and rulings,
a
copy of that document, or, if appropriate, the pertinent pages of that
document,
shall be appended to the application. The application shall comply with
the
requirements of Rule 20.
(c) Opposition; Form. Within ten days after the filing of the application,
any
other party to the appeal may, but need not, file and serve an opposition
thereto
(covering not more than ten pages of typing) setting forth reasons why
the
application should not be granted. The opposition shall not restate matters
described in subdivision (b)(2) and (3) of this rule unless the opposing
party is
dissatisfied with the statement thereof contained in the application. An
application shall comply with the requirements of Rule 20.
(d) Filing; Service. One copy of the application and one copy of each
opposition shall be filed in the office of the clerk of the Appeals Court.
An original
and seventeen copies of the application and of each opposition shall be
filed in
the office of the clerk of the full Supreme Judicial Court. Filing and
service of the
application and of any opposition shall comply with Rule 13.
(e) Vote for Further Appellate Review; Certification. If any three justices
of
the Supreme Judicial Court shall vote for further appellate review for
substantial
reasons affecting the public interest or the interests of justice, or if
a majority of
the justices of the Appeals Court or a majority of the justices of the
Appeals
Court deciding the case shall certify that the public interest or the interests
of
justice make desirable a further appellate review, an order allowing the
application or the certificate, as the case may be, shall be transmitted
to the
clerk of the Appeals Court; upon receipt, further appellate review shall
be
deemed granted. The clerk shall forthwith transmit to the clerk of the
full Supreme
Judicial Court all papers theretofore filed in the case and shall notify
the clerk of
the lower court that leave to obtain further appellate review has been
granted.
(f) Briefs. Any party may apply to the Supreme Judicial Court within ten
days
after the date on which the appeal is docketed in the full Supreme Judicial
Court
for permission to file a separate or supplemental brief. If the application
is
granted, the court may impose terms as to the length and filing of such
brief and
any response thereto. If such permission is denied or not sought, cases
in which
further appellate review has been granted shall be argued on the briefs
and
appendix filed in the Appeals Court.
(g) Order of Argument. The applicant for leave to obtain further appellate
review will argue first unless the court directs or the parties agree otherwise.
Amended effective February 24, 1975; July 1, 1991; January 1, 1994;
November 1, 1994; February 1, 1995; April 14, 1995; amended October 30,
1997,
effective January 1, 1998, Amended, effective June 1, 2001.
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