Massachusetts Certification to Court of Appeals by all Parties - Post 2005

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This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

How to fill out Certification To Court Of Appeals By All Parties - Post 2005?

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FAQ

Rule 22 - Oral Argument (a) Notice of Argument; Postponement. The clerk shall advise all parties of the time and place at which oral argument will be heard. A request for postponement of the argument must be made by motion filed reasonably in advance of the date fixed for hearing.

If a notice of appeal and filing fee are timely filed by a party, any other party may file a notice of appeal and filing fee within fourteen days of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires.

The lower court or the appellate court or a single justice thereof may order the record to be assembled, and the appellate court or a single justice thereof may order the appeal to be docketed, at any time.

The notice of appeal required to be filed and served by subsection (a) of this rule shall specify the party or parties taking the appeal; shall designate the judgment or order from which appeal is taken and the court to which appeal is taken; and shall be signed by counsel of record for the party or parties taking the ...

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.

Whether filed electronically or on paper, all filings shall include a certificate of service on all other parties in the case, including the service and filing of a copy in the appropriate trial court clerk's office from which the matter arose.

The appellate court will do one of the following: Affirm the decision of the trial court, in which case the verdict at trial stands. Reverse the decision to the trial court, in which case a new trial may be ordered. Remand the case to the trial court.

(c) Content of the notice of appeal (C) An appellant may designate only part of a judgment, decree, adjudication, or separately appealable order by expressly stating that the notice of appeal is so limited.

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Massachusetts Certification to Court of Appeals by all Parties - Post 2005