Filing and service

(2024) The Supreme Judicial Court amended S.J.C. Rule 1:08 (1) (H) effective October 1, 2022, to permit filers to include their personal pronouns with the filer’s name or signature. In 2024, the Massachusetts Rules of Appellate Procedure were amended to incorporate the option into Mass. R.A.P. 13(d)(2)(C) and 13(e)(2)(E). The amendment expressly allows people to include preferred personal pronouns on court filings. The information informs judges, opposing counsel, and court personnel of a person’s pronouns in advance of a hearing or communication, and can help prevent inadvertent misidentification during legal proceedings. See J. Stanton & Y. Taylor, Utilizing and Normalizing Personal Pronouns in Legal Filings, Proceedings, and Communications, 67 B.B.J. #2 (Spring 2023). (2019) Rule 13(a)(1) , prior Rule 13(a), was amended to incorporate modern means of service. A party may file either in hand, through any electronic means provided by the clerk, or by first class mail or its equivalent. The phrase “any electronic means provided by the clerk” includes any electronic filing system offered by the clerk. The phrase “first class mail or its equivalent” is new and defined in Rule 1(c) . Rule 13(a)(1) was also amended to simplify the provision allowing a party to mail a brief to the appellate court on the day it is due and have the clerk deem it timely filed even when received after the due date. Instead of the past requirement of an affidavit attesting that the day of mailing of a brief was within the time fixed for filing, the new provision permits a certificate attesting the date is within the time. This certificate will provide the appellate court clerk with sufficient information to determine the date of mailing. Rule 13(a)(2) is a new paragraph that incorporates the so-called “inmate mailbox rule” into the appellate rules and governs an incarcerated or civilly committed person’s filing of briefs, motions, and other documents, except a notice of appeal, which is governed by Rule 4(d) . Rule 13(a)(2) is intended to address the concerns highlighted by the Supreme Judicial Court in Commonwealth v. Hartsgrove , 407 Mass. 441, 445 (1990), as to the limitations of a person confined in an institution to effectuate the “mailing” of a document on a certain day. This provision is consistent with Rule 4(d) and Fed. R. App. P. 25(a)(2)(C). However, unlike the Federal rule, a party’s certificate need not state that first-class postage has been prepaid because some Massachusetts institutions affix postage after the item leaves the inmate or civilly committed person’s hands. Importantly, the rule is written to encompass filings by any self-represented person confined in an institution. This includes persons confined on criminal or civil grounds, such as a sexually dangerous person commitment or a court-ordered involuntary civil commitment for mental illness or for alcohol and substance abuse disorders. See Reporter’s Note to Rule 4(d) . Rule 13(b) was revised to remove reference to service by the clerk. This amendment clarifies that it is the party’s obligation to serve documents on all parties to the appeal. The clerk will still serve notice of the filing of a notice of appeal pursuant to Rule 3(d) , but the filer always has the obligation to serve a copy of a document upon the parties to an appeal unless specifically provided otherwise. Rule 13(c) was revised to explicitly allow electronic service where a party consents to such service. Rules 13(d) and 13(e) are substantially revised subdivisions that detail the requirement for, and contents of, a certificate of service. Rule 13(d) governs all documents other than briefs and appendices, which are governed by Rule 13(e). Under both subdivisions, a party must include in the certificate of service the electronic and mailing addresses of the person served. The inclusion of this information promotes consistency with the electronic-filing procedures implemented in the appellate courts. Prior Rule 13(d)’s provisions allowing acknowledgment by the person served as an alternative to proof of service and requiring a statement under the penalties of perjury were struck. The revised subdivisions are consistent with Mass. R. Civ. P. 5(d)(1) and Mass. R. Crim. P. 32(b) , which do not require the certificate of service to be made under the penalties of perjury. Rule 13(e)(1) is a new subdivision that requires the certificate of service of a brief and appendix be contained within the brief itself. This requirement is intended to simplify the process of filing a brief. This language departs from the Appeals Court’s prior practice of requesting parties to file a separate certificate of service. Finally, Rule 13(e)(2) specifies the contents of a certificate of service of a brief and appendix, and contains additional requirements than a Rule 13(d) certificate of service for other documents. Further organizational and stylistic revisions were made to this rule in 2019 in accordance with a global review and revision of all of the Appellate Rules. These revisions are described in the 2019 Reporter’s Notes to Rule 1 . With regard to the preparation of the 2019 Reporter’s Notes to this Rule, see the first paragraph of the 2019 Reporter’s Notes to Rule 1 . For an overview of the 2019 amendments to the Rules and a summary of the global amendments to the Rules, see 2019 Reporter’s Notes to Rule 1, sections I. and II. (1989) Mass.R.A.P. 31(b) requires that “[a]ll papers filed with the clerk ... shall be entered chronologically in the docket ...” But prior to this amendment, Mass.R.A.P. 13(a) stated that “briefs and appendices shall be deemed filed on the day of mailing if the most expeditious form of delivery by mail, excepting special delivery, is used.” This clash in language has caused some problems for clerks, including additional clerical time spent modifying computerized dockets. The amended rule requires briefs and appendices be docketed on the date of receipt, but by utilizing affidavits by counsel, continues to permit counsel to mail within the time fixed for filing, even if receipt at the clerk’s office is subsequent thereto. Consequently, there will no longer be a need for asterisks or other special notations on the dockets. (1973) Appellate Rule 13 governs filing and service requirements. Papers may be filed by mail; they must be actually received by the clerk within the filing deadline, except that briefs and appendices are regarded as having been filed upon mailing so long as the most expeditious form of mailing is utilized; special delivery need not be used. Service as between parties is, if accomplished by first class mail, complete upon mailing. Personal service may be made to a responsible person in the office of counsel for the recipient.