Massachusetts Appeals Court
Encyclopedia
The Massachusetts Appeals Court is the intermediate appellate court
of Massachusetts
. It was created in 1972 as a court of general appellate jurisdiction
. The court is located at the John Adams Courthouse at Pemberton Square
in Boston, the same building which houses the Supreme Judicial Court
and the Social Law Library
.
, the Department of Industrial Accidents, the Appellate Tax Board
, and the Massachusetts Labor Relations Commission.
Some types of appeals are not heard before the Appeals Court. For example, an appeal from a conviction of first degree murder goes directly to the Supreme Judicial Court
. The Supreme Judicial Court can also elect to bypass review by the Appeals Court and hear a case on "direct appellate review." In the District Court Department, appeals in certain civil cases
are made first to the Appellate Division of the District Court. After a decision by the Appeals Court, parties may seek "further appellate review" by requesting review by the Supreme Judicial Court.
s from such things as court order
s, stays of civil proceedings
, and awards of attorney's fees. The Appeals Court consists of twenty-five active justices as well as several recall justices who despite having retired continue to assist the Court with its case load. Appeals are heard from September through June at the John Adams Courthouse as well as at special sessions held at various locations such as law schools throughout Massachusetts.
The current Chief Justice of the Appeals Court is Phillip Rapoza.
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
. It was created in 1972 as a court of general appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
. The court is located at the John Adams Courthouse at Pemberton Square
Pemberton Square (Boston)
Pemberton Square in the Government Center area of Boston, Massachusetts, was developed by P.T. Jackson in 1835 as an architecturally uniform mixed-use enclave surrounding a small park. In the mid-19th century both private residences and businesses dwelt there...
in Boston, the same building which houses the Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
and the Social Law Library
Social Law Library
The Social Law Library, founded in 1804, is one of the oldest law libraries in the United States. It is located in the John Adams Courthouse at Pemberton Square in Boston, Massachusetts, the same building which houses the Massachusetts Supreme Judicial Court and the Massachusetts Appeals...
.
Jurisdiction
The court hears most appeals from the departments of the Trial Courts of Massachusetts, including the Massachusetts Land CourtMassachusetts Land Court
The Massachusetts Land Court is one of the departments of the trial courts of the Commonwealth of Massachusetts. The court is unique among the courts of Massachusetts and among state courts in general because its subject-matter jurisdiction is limited to disputes involving real...
, the Department of Industrial Accidents, the Appellate Tax Board
Massachusetts Appellate Tax Board
The Massachusetts Appellate Tax Board is a quasi-judicial agency within the Commonwealth of Massachusetts' Office of the Governor. Though part of the executive branch, the ATB is "not subject to its control in the conduct of its adjudicatory functions." G.L. c. 58A, 1...
, and the Massachusetts Labor Relations Commission.
Some types of appeals are not heard before the Appeals Court. For example, an appeal from a conviction of first degree murder goes directly to the Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
. The Supreme Judicial Court can also elect to bypass review by the Appeals Court and hear a case on "direct appellate review." In the District Court Department, appeals in certain civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
are made first to the Appellate Division of the District Court. After a decision by the Appeals Court, parties may seek "further appellate review" by requesting review by the Supreme Judicial Court.
Procedure
The Appeals Court usually hears cases in three-judge panels, which rotate so that every judge has an opportunity to sit with every other judge. However, single judges will often hear interlocutory appealInterlocutory appeal
An interlocutory appeal , in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the...
s from such things as court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
s, stays of civil proceedings
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, and awards of attorney's fees. The Appeals Court consists of twenty-five active justices as well as several recall justices who despite having retired continue to assist the Court with its case load. Appeals are heard from September through June at the John Adams Courthouse as well as at special sessions held at various locations such as law schools throughout Massachusetts.
The current Chief Justice of the Appeals Court is Phillip Rapoza.