Massachusetts Single Justice Appeals
The Massachusetts appellate court reviews several matters in what is referred to as the "Single Justice Session."
These matters can be interlocutory appeals, eligibility issues in the court system, motions related to a pending appeal, and special matters appropriate for the highest court of Massachusetts, the Supreme Judicial Court (or "SJC").
Appeal of "Eligibility Issues"
Certain decisions of the Trial Court related to "eligibility" are subject to immediate review on appeal. That review is before the Single Justice of the appellate court. Examples include:
- Indigency qualification (e.g., waiver of costs and fees)
- Impoundment orders
- Awards of attorney fees
- Bonds in summary process cases from the Superior Court and Housing Court
- Dismissal of a case for jurisdiction amounts from the Superior Court or District Court
In addition, actions for appeal that begin in the Trial Court may be reviewed by the Single Justice of the appellate court. Examples include:
- Motions for stays or for injunctions pending appeal
- Motions to extend time for filing the Notice of Appeal in the Trial Court
- Motions to allow the late docketing of an appeal in the Appeals Court
- Procedural motions to assist the appellate process (e.g., extend time for filing briefs, file supplemental appendices, scheduling, etc.).
Appellate Court Motion Practice
Once an appeal is properly filed in the appellate court there can be reason for various motions. The types of motions which can be filed are numerous. As in the Trial Court, a motion requests relief of some kind. Unlike the Trial Court, motions before the Single Justice are typically decided without a hearing.
Supreme Judicial Court Special Matters
Certain matters are the subject of Supreme Judicial Court Single Justice action. They include petitions filed pursuant to G.L. c. 25, § 5 (public utility appeals), G.L. c 112, § 64 (board of registration appeals), G.L. c. 156B, § 99 (dissolution of deadlocked corporation), G.L. c. 180, § 11A (dissolution of not-for-profit charitable corporation), G.L. c. 211, § 3 (superintendence power appeals), G.L. 214, § 1 (equity), G.L. 231, § 1 (declaratory judgment), G.L. c. 233, § 20E (witness immunity), G.L. 249, § 4 (certiorari), G.L. 276, § 58 (bail review), G.L. c. 278, § 28E and Mass. R. Crim. P. 15(a)(2) (interlocutory appeals), and GL c 278, § 33E (gatekeeper).
Although a high burden is present, it is attainable under the proper circumstances. As a result, the preferred course of action is to contact Attorney Driscoll directly to discuss the issue. You may be eligible for relief under this, or another, course of action.