The Justices of the Supreme Judicial Court have approved the request of the
Justices of the Appeals Court to adopt a pilot program and standing orders that
go into effect on June 1, 2011. Below is a summary of the pilot program and
standing orders.
1. Amendment to "Standing Order Governing
Petitions to the Single Justice Pursuant to G. L. c. 231, § 118 (first
paragraph)." The amendment specifies that petitioners shall file
certain information and documents that are essential to the single justice's
screening of petitions for interlocutory review, including: whether a motion for
reconsideration has or will be filed; a table of contents for the record
appendix; and copies of relevant documents filed in the trial court that include
the opposing party's papers on the matter at issue. The amended standing
order also states that the petition shall not exceed five pages, exclusive of
the fifteen page memorandum of law. It requires the petitioner to file a copy of
the petition in the trial court and to email a PDF of the petition or opposition
and memorandum to the Appeals Court Clerk’s Office, and to provide instructions
on the filing of impounded or confidential material.
2. Adoption of "Standing Order Governing
Motions to Stay Filed Pursuant to Mass. R.A.P. 6." This standing
order governs all motions filed pursuant to Mass. R.A.P. 6, which seek a stay of
judgment or execution of sentence pending appeal. It specifies the format
and filing requirements of the motion, supporting memorandum of law, record
appendix, and opposition. The standing order provides instructions on the
filing of impounded or confidential material, and requires the movant to email a
PDF of the motion or opposition and memorandum to the Appeals Court Clerk's
Office.
3. Adoption of "Standing Order Governing Electronic
Notification of Court Orders, Notices, and Decisions in Lieu of Paper
Notice." Under this standing order, all counsel of record
and self-represented litigants may register with the Appeals Court to receive
only electronic (i.e., e-mail) notification of actions, orders, judgments,
rescripts, and decisions entered by the Appeals Court, including notices
scheduling an oral argument, in an appeal in which they are participating.
All interested persons must register by signing and filing the "Consent to
Electronic Notification Form" available on the Appeals Court’s website.
The completed Consent Form can be filed with the Clerk's Office either as an
original paper by hand delivery or by first-class mail, or by scanning
it -- with the required written signature -- in portable document format
(PDF) and e-mailing the PDF to enoticesignup@appct.state.ma.us
with the subject header "E-Notice Consent Registration." Persons who
register to receive electronic notification will not receive paper notice by
first-class U.S. mail. Persons who do not register to receive electronic
notification will receive only paper notice sent by first-class U.S. mail and
will not receive any electronic notice. Persons who previously registered
to receive electronic notices prior to the effective date of this standing order
and who wish to continue to receive electronic notices must file a Consent
Form. Persons who previously registered and who do not file a Consent Form
will no longer receive electronic notices. Registrations for attorneys
will be applied to all pending and future notifications entered in the Appeals
Court involving that attorney. Once the Consent Form has been registered
for an attorney, there is no need to register separately for each appeal.
The Clerk's Office will issue the electronic notifications multiple times each
day to registered attorneys and self-represented litigants, thereby conserving
its limited resources and expenses by not printing and mailing duplicative paper
notices.
4. Adoption of "Standing Order Requiring the Electronic Filing
of All Motions and Letters After Panel Assignment," which amends the May, 2010
"Standing Order Regarding the Filing of Certain Motions and Letters."
The Appeals Court has amended the original version of this standing
order that went into effect in May, 2010. Since then, the court has
identified several items that need to be modified to make the electronic filing
of documents more efficient and convenient for counsel, litigants, and the
court. First, the court has revised the standing order's title to more
accurately reflect its scope, revising it to state "Standing Order Requiring the
Electronic Filing of All Motions and Letters After Panel Assignment."
Second, the court has deleted the requirement that attorneys and
self-represented litigants file both a paper original and a PDF copy of the same
document. Instead, the standing order requires attorneys and litigants to
electronically file (i.e., e-mail) only a PDF of the document, and submit no
paper original or copies. An original or additional paper copies are not
required because the Clerk's Office distributes these documents to the Justices
electronically. This change will benefit counsel and self-represented
parties since they will not need to incur the costs associated with producing
and mailing or delivering multiple paper copies, and it will streamline the
distribution mechanisms within the court. Finally, the revised standing
order states that upon motion and a showing of good cause, the court can grant
leave to file only a paper copy in lieu of the PDF.
5. Adoption of a "Pilot Program Requiring Appellants in Civil
Appeals to File Docketing Statements" for six months. This pilot
program requires the appellants and cross-appellants in all civil appeals
(excluding inmates) to complete and file a docketing statement within fourteen
days after the Appeals Court issues the "Notice of Entry" of the appeal.
The docketing statements will provide the court with important background
information that will be useful when the case is entered, screened, and under
consideration. The pilot program format will be used to gain data and
determine whether either form should be changed. The docketing statement
is posted on the Appeals Court's website as a PDF form that has dropdown menus,
calendars, and text that automatically fills in certain information.
Attorneys and litigants can complete the form on-line, save it, sign it
electronically, file it by e-mail, and serve it by e-mail upon consenting
parties. The pilot program does not apply to child welfare appeals.
6. Electronic purchase of oral argument
recordings. The Appeals Court's website has a link to the court's
new electronic payment option for the purchase of CDs of Appeals Court oral
arguments.
The text of the standing orders and the pilot program are posted as PDFs on
the Appeals Court's website, http://www.mass.gov/courts/appealscourt