How long do I have to file an appeal in Massachusetts?
In general, you must file a notice of appeal within 30 days after a Massachusetts court enters a judgment. This 30-day deadline is the same for both civil and criminal cases.
In a criminal case, the “judgment” means the judgment and sentence form.
In a civil case, the “judgment” varies depending on the type of case. If the court awards you damages after a lawsuit, the order on damages is the judgment. the court dismisses your case for insufficient evidence, the dismissal order becomes an appealable final judgment.
In a divorce case, the “judgment” is typically considered the divorce decree or the final parenting plan
How much does it cost to file an appeal?
In general, you must pay $300 to file a notice of appeal in the Massachusetts Appeals Court.
You must pay the filing fee no later than 14 days after you receive a notice from the trial court (e.g., the superior court) telling you that the Appeals Court has entered your case in the docket.
Can I file a notice of appeal electronically in Massachusetts?
Yes.
In fact, the Massachusetts Appeals Court strongly encourages e-filing.
You can register for electronic filing at eFileMa.com. You do not need to be an attorney to register for e-filing.
How long do I have to file my appeal brief in Massachusetts?
40 days.
You must file and serve your appellant brief no later than 40 days after the date the Appeals Court dockets your case.
You can request an extension for good cause by filing a written motion and serving it on the opposing party.
How long does the other party have to file a response brief?
30 days.
The opposing party has 30 days to file a response brief, unless he or she receives an extension. The 30-day clock starts when you file and serve your opening brief.
Will the Appeals Court schedule oral argument before ruling?
Yes.
After the Appeals Court has received all the parties' briefs, the appellate court clerk will schedule a date for oral argument.
In a civil case, each side gets 15 minutes for argument. In a criminal case, the court gives the parties 20 minutes each.
Exception: Under Mass R.A.P. 22, the parties can agree to submit the case on the briefs only—that is, without oral argument. The Appeals Court can still oral argument, however.
If a defendant has been convicted of first-degree murder, the Appeals Court will always hear oral argument.
