Dismissals of appeals and reports in all cases for lack of prosecution

(1) Filing Deadline. The appellant is required to file a brief and appendix within the time required or permitted by Mass. R. A. P. 19 or any enlargement. (2) Notice of Intent to Dismiss Appeal. Whenever an appellant has not served or filed a brief or appendix within the time required or permitted by Mass. R. A. P. 19 or any enlargement, the clerk shall notify the attorney of record for such appellant, or any self-represented appellant, and all other parties or their attorneys of record that, as to that appellant, the appeal (or report made pursuant to Mass. R. A. P. 5) will be dismissed for lack of prosecution unless, within 21 days of the date of the notice, the clerk shall receive (A) a motion by that appellant to enlarge to a date certain set forth in the motion the time for serving and filing the brief or appendix, and (B) an affidavit of the attorney of record for the appellant, or the self-represented appellant, which shall set forth good cause for the enlargement in accordance with the provisions of Mass. R. A. P. 14(b) and 15. (3) Dismissal of Appeal. If a motion and affidavit identified in Appeals Court Rule 19.0(a)(2) are not received by the clerk within the prescribed 21-day period, the clerk shall forthwith (A) enter notice of dismissal of the appeal as to that appellant for lack of prosecution, (B) notify the parties of such dismissal, and (C) note such dismissal on the docket. The clerk shall not send notice of the dismissal to the lower court except as provided in Appeals Court Rule 19.0(c).