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The California Constitution originally made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, and then the Court began hearing the majority of appeals in three-justice panels.
The issue of unpublished decisions has been described as the most controversial to be faced by the Advisory Committee on the Federal Rules of Appellate Procedure in the 1990s and 2000s. [16] There is active debate on the fairness issues raised by non-publication, and the utility of non-publication in the light of computerization of court records.
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
The relatively streamlined process of sending a certified question to a state appellate court also relieves federal courts of the unwieldy procedure of Pullman abstention, under which Federal courts abstain from deciding on the constitutionality of state laws while litigation seeking the construction of those laws is pending in state courts. [5]
[1] [2] The Code of Massachusetts Regulations (CMR) is the canonical compilation of regulations promulgated by state agencies pursuant to the Administrative Procedures Act and is updated through the Massachusetts Register. [1] Both the Code of Massachusetts Regulations and Massachusetts Register are published by the secretary of the ...
The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure. In a court of appeals, an appeal is almost always heard by a "panel" of three judges who are randomly selected from the available judges (including senior judges and judges temporarily assigned to the circuit).
Similar to New York, but unlike most other states and the federal judiciary, nearly all of California civil procedure law is located in the Code of Civil Procedure (a statute) rather than in the California Rules of Court (a set of regulations promulgated by the judiciary).
The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. [1] It was created in 1972 [2] as a court of general appellate jurisdiction. [3] The court is located at the John Adams Courthouse at Pemberton Square in Boston, [4] the same building which houses the Supreme Judicial Court and the Social Law Library. [5]