Rule 140 - APPEALS FROM DISTRICT COURTS TO THE SUPREME JUDICIAL COURT IN EMPLOYMENT SECRITY CASES UNDER G.L. c. 151A, Section 421. A claim of appeal from a decision of a district court in an employment security proceeding under G.L. c. 151A, §42 shall be filed in the office of the clerk of such court within thirty days after entry of such decision by the clerk. Notice of such decision shall be given to the parties promptly by the clerk, in accordance with the provisions of Rule 77(d) of the DistjMun.Cts. Rules of Civil Procedure. If an appeal is claimed the appellant shall, within five days of the filing of the claim of appeal, file a draft report in conformity with this rule. Such draft report shall state the nature of the proceedings, the findings of the trial judge, and so much only of the evidence submitted to the trial judge as may be sufficient for a full understanding of the questions presented by the appeal. (See Model Draft Report, Form 33 of Dist./ Mun.Cts.R.Civ.P. Note that review by the Supreme Judicial Court). 2. Furnishing Copies. A copy of such draft report shall forthwith be delivered or mailed postage prepaid by the party requesting the report to the trial justice addressed to him at the court where the case was heard, and to the adverse party or parties, before the close of the next business day after such filing. Compliance with this rule shall not be adversely affected nor impaired by the order or sequence of filing, delivering or mailing said draft report and copies thereof, nor by the order or sequence of receipt of the same. 3. Hearings: Allowance or Disallowance of Draft Reports. Any party may, within 15 days after the filing of a draft report, file a request in writing for a hearing thereon. The justice shall, with reasonable dispatch, and after a hearing if one has been requested, either settle the form of his report or disallow the request for a report. He may order the party requesting the report to prepare a copy of the same as settled in form similar to said draft model and submit the same to him for formal allowance within such time as he may fix, and failure to comply with this order shall be sufficient ground for disallowing the draft report. Upon receipt of a report as settled by him, the justice shall sign it. 4. Whenever a draft report is disallowed by the trial justice as not conformable to the facts or for any other cause or if action on such report is unduly delayed, the party seeking the same may within 5 days after notice of such disallowance or such time as the appellate division may allow in any other case, file with the clerk his petition, including a copy of the draft report so disallowed or on which action is so delayed, and five copies thereof verified by affidavit of the party or his attorney setting forth in full his claim of appeal and all of the facts material thereto and shall forthwith give notice to the adverse party by delivering or mailing postage prepaid to him or his attorney of record a copy of such petition and affidavit. No party shall be allowed to establish the truth of any such allegations if he has failed to comply with the requirements herein prescribed. The five copies shall be forwarded forthwith to the presiding justice of the appellate division who may refer the matter for hearing and disposition to any justice of said division and if not so referred the same shall be in order to be heard by the appellate division. If said petition is allowed and the report established, the same, as allowed and established, shall be returned to the clerk of the court from which the petition and affidavit were sent. Notice of its receipt shall be given by him to all of the parties and the cause shall proceed as if the report had been established by the trial justice. The justice of the appellate division to whom may be assigned such a petition and affidavit for hearing and disposition, or the justices of the appellate division if said petition shall be heard by them, shall have the right and authority to summon and hear the parties and witnesses and to establish the report according to his or their findings of the facts at issue between the parties as to the form and content of the report. 5. If final action on the draft report by the justice who heard and decided the original petition for review is not taken within three months after the filing of the draft report and no petition for establishment has been filed, the decision of the district court shall stand, unless said court from which the appeal is taken shall, before the expiration of three months, allow further time. Notice under this rule shall be sent by the slerk to the parties in the case fourteen days at least before the three months or extended period expires. 6. Upon signing of the report by the trial judge, or the establishment of the report by the Appellate Division, the clerk shall forthwith give notice to the parties and the appeal shall be perfected in accordance with the Massachusetts Rules of Appellate Procedure. Mass. Dist. Ct. & Mun. Ct. R. 140