Appellate Practice in Massachusetts
The art of appeal
A time-honored authority, Appellate Practice in Massachusetts examines the appellate process at every level and court in the Commonwealth, in both civil and criminal matters. It covers the appellate process and offers valuable insight into the art of effective appellate advocacy in civil and criminal cases. This manual includes practical information on how to assess the decision to appeal, how alternative dispute resolution works at the appellate level, standards of review and the mechanics of appeal in the various courts. In-depth guidance is offered on how to draft appellate briefs. The role of the amicus brief, oral advocacy and post-decision practice are featured, as is single justice practice.
Also featured, and previously available only to Massachusetts courts, is an Appendix containing selected Massachusetts cases on the standards of appellate review. This list of selected cases is an invaluable aid for researching key legal issues in cases where appellate review turns on error of law, abuse of discretion and prejudice.
Whether your practice of law takes you to the federal Court of Appeals, the Supreme Judicial Court, the Massachusetts Appeals Court, or the Massachusetts state District Court, you will benefit from the authoritative case commentary, courtroom and litigation strategies, procedural tips and practice notes offered by this manual's author roster of over two dozen seasoned practitioners and judges.
- Essential pointers on writing an effective appellate brief
- Strategies for dispositive relief, including motions to dismiss on the grounds of immunity
- How and when to use amici submissions, including at the trial level
- Post-decision practice, such as issues of security in criminal appeals where the defendant has been denied a stay following a decision to grant further appellate review
- Practice and procedure on the Court of Appeals for the First Circuit
- Mechanics of appeal in the state courts, including specific guidance on the requirements of the appendix
- Practical guidance on time limitations on filing and service of briefs, as well as the Court's procedures for dispensing with oral argument and en banc hearings
- Essential guidance on single justice practice in the Supreme Judicial Court.
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