Massachusetts Appeals: Disposition and Post-Decision Procedures | Practical Law

Massachusetts Appeals: Disposition and Post-Decision Procedures | Practical Law

A Practice Note discussing disposition and post-decision procedures in a civil appeal to the Massachusetts Appeals Court or the Massachusetts Supreme Judicial Court (SJC). This Note explains the disposition process, the types of appellate decisions (including summary dispositions under Massachusetts Appeals Court Rule 23.0 and its predecessor, Massachusetts Appeals Court Rule 1:28), and the issuance of the rescript to a lower court. This Note also covers whether and how to seek post-decision relief, including applying to the SJC for further appellate review (a FAR application) and moving for reconsideration or modification (formerly called a petition for rehearing), and seeking taxable appellate costs, appellate attorneys' fees, or sanctions for a frivolous appeal.

Massachusetts Appeals: Disposition and Post-Decision Procedures

Practical Law Practice Note w-024-0314 (Approx. 29 pages)

Massachusetts Appeals: Disposition and Post-Decision Procedures

by Practical Law Litigation
MaintainedMassachusetts
A Practice Note discussing disposition and post-decision procedures in a civil appeal to the Massachusetts Appeals Court or the Massachusetts Supreme Judicial Court (SJC). This Note explains the disposition process, the types of appellate decisions (including summary dispositions under Massachusetts Appeals Court Rule 23.0 and its predecessor, Massachusetts Appeals Court Rule 1:28), and the issuance of the rescript to a lower court. This Note also covers whether and how to seek post-decision relief, including applying to the SJC for further appellate review (a FAR application) and moving for reconsideration or modification (formerly called a petition for rehearing), and seeking taxable appellate costs, appellate attorneys' fees, or sanctions for a frivolous appeal.