Appeals court; establishment
Section 1. There shall be an intermediate appellate court to be known as the appeals court. The appeals court shall consist of a chief justice and twenty-four associate justices.
Massachusetts · statute · Mass. Gen. Laws ch. 211A · 17 active provisions
Section 1. There shall be an intermediate appellate court to be known as the appeals court. The appeals court shall consist of a chief justice and twenty-four associate justices.
Section 2. The chief justice shall receive a salary of $219,856 and each associate justice shall receive a salary of $213,924 and the chief justice and each associate justice shall annually receive from the commonwealth upon the certificate of the chief justice the amount of expenses incurred by each of them in the dis…
Section 3. Three justices shall constitute a quorum to decide all matters required to be heard by the appeals court or, upon order of the chief justice, four or more justices may sit. The court may sit in panels of three or more justices. The chief justice, insofar as practicable, shall assign justices to panels in suc…
Section 4. The appeals court shall sit in the city of Boston and at such other locations within the commonwealth as the supreme judicial court shall determine by rule or order. The commonwealth shall provide adequate quarters and facilities for the appeals court. The chief justice, with the approval of the supreme judi…
Section 5. The appeals court shall be vested with all powers and authority necessary to carry into execution its judgments, decrees, determinations and orders in matters within its jurisdiction according to the rules and principles of common law and the Constitution and laws of the commonwealth, and subject to the appe…
Section 6. The justices of the appeals court shall appoint the clerk of the appeals court for a term of five years from the date of his appointment, and may remove him. Said justices may appoint a first assistant clerk and 4 assistant clerks of said court for terms of three years from the dates of their respective appo…
Section 7. The chief justice shall annually prepare and submit to the chief justice of the supreme judicial court an estimate, in detail, for the ordinary maintenance of the court, and all revenue therefrom as provided in clause (5) of the first paragraph of section three of chapter twenty-nine. Said estimate shall inc…
Section 8. The clerk shall serve as the administrative officer of the court and shall maintain an office in Boston and at such other place or places as the supreme judicial court may designate. The cost of maintaining such office or offices shall be borne by the commonwealth. The clerk or one of the assistant clerks sh…
Section 9. In the determination of causes, all decisions of the appeals court shall be given in writing, except as otherwise provided herein, and the grounds for each decision shall be stated and filed in the cause in which rendered. The court may, in appropriate cases, enter a proper order, direction, judgment or decr…
Section 10. Subject to such further appellate review by the supreme judicial court as may be permitted pursuant to section eleven or otherwise, the appeals court shall have concurrent appellate jurisdiction with the supreme judicial court, to the extent review is otherwise allowable, with respect to a determination mad…
Section 11. There shall be no further appellate review by the supreme judicial court of any matter within the jurisdiction of the appeals court which has been decided by that court, except:—(a) where a majority of the justices of the appeals court deciding the case, or of the appeals court as a whole, certifies that th…
Section 12. The appeals court may, prior to or after final determination, report any case in whole or in part or any question of law arising therein to the supreme judicial court for consideration and determination if in the opinion of the appeals court the unusual public or legal significance of the matter or the effi…
Section 13. The law governing the presentation of cases to the supreme judicial court for appellate review, except as to the printing of records and briefs, shall apply to the presentation to the appeals court of cases within the concurrent jurisdiction of that court. The appeals court shall, subject to the approval of…
Section 14. In the case of a vacancy in the office of chief justice of the appeals court, or of his illness or absence, his duties shall be performed by the senior justice.
Section 15. If, upon the hearing of an appeal or exceptions in any proceeding, it appears that the appeal or exceptions are frivolous, immaterial or intended for delay, the appeals court may, either upon motion of a party or on its own motion, award against the appellant or excepting party double costs from the time wh…
Section 16. (a) A retired chief justice or associate justice of the appeals court whose name has been placed on the list of retired justices pursuant to section sixty-five F of chapter thirty-two may be designated and assigned by the chief justice of the appeals court to perform, during his term of eligibility, such of…
Section 17. The chief justice of the appeals court may, subject to the approval of the chief justice of the supreme judicial court, grant a leave of absence for study, research, teaching, or such other reason as said chief justice of the appeals court deems appropriate to the improved administration of justice, to an a…