Motions for attorney's fees and costs are governed by Rule 26.Īny request for appellate attorney’s fees and costs must be included in the brief, with a citation to the authority therefor. If an appellee wishes to supplement the appendix on file, a motion for leave to file a supplemental appendix must be filed supported by an affidavit of counsel that the documents sought to be included are part of the record below. In civil cases, only the appellant has the right to file an appendix, Rule 18(a). Motion for Leave to File a Supplemental Appendix If the motion states that the appeal is moot, an affidavit by the defendant is not required. 29(b)(1).įor a criminal case, i f the appellant is the defendant, the motion must be accompanied by either an affidavit by the defendant, or an attestation by counsel, that states the defendant assents to the dismissal of the appeal with prejudice. The dismissal must be with prejudice.įor a civil case, the motion must specify the terms as to payment of any costs and attorney's fees. Stipulations or motions for voluntary dismissal are governed by Rule 29, which is specific in its requirements. Stipulations or Motions for Voluntary Dismissal If a motion, such as a motion to strike, is referred to the panel assigned to decide the appeal, there will not be action on that motion until the appeal is decided. Any response received after the court or single justice has ruled upon the motion will be taken as a request for reconsideration, vacation, or modification of the court’s action. However, motions for procedural orders may be acted upon without awaiting a response, Rule 15(b). Motions are decided based on the papers that have been filed, usually within a week or so of filing the motion.Īny party to a case may file a response to any motion filed within 7 days of service of the motion.
In general, the Appeals Court does not hold hearings on motions. All motions and other papers must comply with the rules on personally identifying information. Any supportive briefs, affidavits or other papers should be filed and served at the same time that the motion itself is filed and served. All margins must be at least 1 inch.Įvery motion filed with the court must be accompanied by a certificate of service and a copy of the motion must be sent to all opposing parties in the case. The text must be double-spaced and shall be in 12 point or larger font. The motion should have a brief title that clearly indicates the purpose of the motion. Importantly, motions are to include a caption setting forth the name of the court (Appeals Court), title of the case, and the Appeals Court docket number. Motions must comply with the formatting requirements found in Mass.
If known, each motion should state whether the motion is assented to, or that no other party is in opposition, or if any party intends to file an opposition or other response. If the judge decides to permit reconsideration, the judge will fix an appropriate schedule.Any request to the Appeals Court for procedural relief (such as a motion for more time to file the brief, a motion to stay appellate proceedings, a status report, or a motion to file fewer copies of the brief) should be submitted to the court in the form of a motion.Įvery motion must state with particularity the grounds on which it is based, shall set forth the order or relief sought. 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.
SAMPLE MOTION FOR RECONSIDERATION FEDERAL APPEALS COURT TRIAL
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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