Filing and serving of briefs

Massachusetts District/Municipal Courts Rules for Appellate Division Appeal

Rule: 19

Jurisdiction: MA

Bluebook Citation: Mass. Dist./Mun. Cts. R. App. Div. App. 19

Section (a) of the rule differs substantially from its counterpart in the Mass.R.A.P. For appeals under Rules 8A and 8B , it merely refers to the provisions under those rules whereby briefs must be filed in the trial court before the case is transmitted to the Appellate Division. For appeals under Rule 8C it provides specific time periods for the filing of briefs in the Appellate Division. (See Rule 13(e) and related commentary regarding filing in the Appellate Division.) Section (b) requires six copies of briefs to be filed rather than fifteen under the Mass.R.A.P. A new section (d) has been added specifically authorizing the Appellate Division to allow the late filing and service of briefs in appeals under Rules 8A and 8B . Those appeals must be transmitted to the Appellate Division by the trial court clerk regardless of whether briefs have been timely filed. The enlargement of a required time period may be allowed under the general authority of Rule 14(b) .

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