![]() The Rule Requires the Movant to Also File:Ī supporting memorandum of law not to exceed fifteen pages of text in monospaced font or 3,500 words in proportional font in compliance with Mass.R.A.P. 20 (a)(4)(A)-(C) without permission of the court. References to the parties in the motion shall be by designation of the party in the trial court.Īdditionally, the motion shall not exceed five pages of text in monospaced font or 1,000 words in proportional font compliant with Mass.R.A.P. an addendum containing copies of the judgment, notice of appeal, and the trial court's order denying the prior motion to stay (including a typed version of any pertinent handwritten or oral endorsement, notation, findings, or order made by the lower court).a statement of the specific relief requested (a draft order for the single justice may be attached) and.a statement of the issues of law raised by the motion.the text of the order and rationale of the trial court in denying the motion for stay or, if no such motion was filed in the trial court, a showing why filing such a motion in the trial court was not practicable.a request for stay, which shall state briefly the nature of the judgment or sentence entered by the trial court for which a stay is sought, entry date of the judgment or conviction, and the name of the judge who entered it. ![]() Massachusetts Appeals Court Rule 6.0Įxcept in exigent circumstances, the court expects full compliance with the format and content of M.A.C. See also Appeals Court Administrative Order 20-6. The resources on this website are made available by the Suffolk University Law School Legal Innovation and Technology Lab and approved by the Appeals Court. Please visit for assistance in preparing certain filings in the Appeals Court, including motions to stay. If the judge decides to permit reconsideration, the judge will fix an appropriate schedule.Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal. No response needs to be filed to a motion for permission to file a motion for reconsideration unless the court requests it. If you file such a motion, the court may impose sanctions on you. (2) new material facts emerged or a change of law occurred after entry of the order.Ī motion for leave to file a motion for reconsideration may not simply repeat arguments made previously to the court. (B) despite the exercise of reasonable diligence, the party applying for reconsideration did not know such fact or law before entry of the order or (1) (A) the facts or applicable law are materially different from the facts or applicable law that the parties presented to the Court before entry of the order for which reconsideration is sought, and Therefore, before filing a motion for reconsideration, the party must file a motion for leave to file a motion for reconsideration.įorm and Content of Motion for Leave: A motion for leave to file a motion for reconsideration must be limited to seven pages and must specifically meet at least one of the following two criteria: ![]() See Local Rule 7.3.Ī party cannot file a motion for reconsideration without permission from the court. ![]() ![]() A motion for reconsideration must be made BEFORE the trial court enters a final judgment. A motion for reconsideration asks the court consider changing a previous decision. ![]()
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