Briefs

Massachusetts District/Municipal Courts Rules for Appellate Division Appeal

Rule: 16

Jurisdiction: MA

Bluebook Citation: Mass. Dist./Mun. Cts. R. App. Div. App. 16

The brief of the appellant shall contain under appropriate headings and in the order here indicated: (1) In all briefs of twenty pages or more, a table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. (2) A statement of the issues presented for review. (3) A statement of the case, which shall first indicate briefly the nature of the case, the course of proceedings, and its dispositions in the trial court. There shall follow a statement of the facts relevant to the issues presented for review with appropriate references to the record (see subdivision (e)). (4) The argument, which shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. In a brief of more than twenty-four pages of argument, there shall be a short summary of argument, suitably paragraphed and with page references to later material in the brief dealing with the same subject matter, which should be a condensation of the argument actually made in the body of the brief and not a mere repetition of the headings under which the argument is arranged. The Appellate Division need not pass upon questions or issues not argued in the brief. Nothing argued in the brief shall be deemed to be waived by a failure to argue orally. (5) A short conclusion stating the precise relief sought. (6) In cases where geographical facts are of importance, unless appropriate plans are reproduced in the printed record or record appendix, an outline plan or chalk (preferably based on exhibits in evidence) shall be included. This outline plan should be suitable for reproduction on one page of the printed law reports. (7) The names, addresses, and telephone numbers of individual counsel to which firm names may be added.

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