Massachusetts District/Municipal Courts Rules for Appellate Division Appeal
Rule: 4
Jurisdiction: MA
Bluebook Citation: Mass. Dist./Mun. Cts. R. App. Div. App. 4
The notice of appeal required by Rule 3 , together with the required filing fee, shall be filed with the clerk of the trial court within ten days after the date of the entry of the judgment in the case being appealed. If a notice of appeal and filing fee is mistakenly filed in the Appellate Division, the Appellate Division shall note the date on which they were received and transmit them to the clerk of the trial court from which the appeal was taken and they shall be deemed filed in the trial court on the date so noted. 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. If a post-judgment motion under the Massachusetts Rules of Civil Procedure is timely served or filed in the trial court, as the case may be, by any party (1) under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (2) to alter or amend a judgment under Rule 59 or for relief from judgment under Rule 60 , however titled, if either motion is served within ten days after entry of judgment; or (3) under Rule 59 for a new trial, the ten-day time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing.
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