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What Is an Application for Further Appellate Review (FAR) in Massachusetts?
The FAR process is the final step in a Massachusetts appeal. This post explains how defendants can ask the Supreme Judicial Court to take their case and what standards apply.
After the Massachusetts Appeals Court decides a case, the losing party can ask the Supreme Judicial Court to review it through a process called Further Appellate Review, or FAR. This request gives the state’s highest court the opportunity to address important legal issues or clarify conflicting decisions.
An FAR application must be filed within twenty days after the Appeals Court’s decision. It explains why the case deserves review and what broader legal questions are involved. The SJC grants review only in a small percentage of cases, focusing on those that present significant or unsettled questions of law. The application itself is a written document, and the other side may file an opposition.
If the SJC grants the application, the case is fully briefed again and may be scheduled for oral argument. The court can affirm, reverse, or modify the Appeals Court’s ruling. Its decision becomes binding precedent for all lower courts in Massachusetts. If the SJC denies review, the Appeals Court decision becomes final.
Applying for Further Appellate Review is often the last step in the appellate process. Even when the SJC declines to take a case, filing the application preserves every possible avenue of review. For cases that raise important legal issues or constitutional questions, an FAR can be the key to achieving a fair outcome.
The FAR process is highly selective, but it serves an important role in ensuring that Massachusetts law remains clear, consistent, and just.