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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