Rule 10 - Docketing the Appeal(a) Docketing the Appeal (1) Civil Cases. (A) Within 14 days after receiving from the clerk of the lower court the notice of assembly of the record, each appellant, including each cross-appellant and each appellant in a joint appeal, shall pay to the clerk of the appellate court the docket fee required by law or request waiver of the fee, and the clerk shall thereupon enter the appeal of such appellant or cross-appellant upon the docket. If an appellant is authorized to prosecute the appeal without payment of fees, the clerk shall enter the appeal upon the docket at the written request of a party.(B) When payment or request for waiver is made by first class mail or its equivalent, it shall be deemed timely if accompanied by a certificate attesting that the day of mailing was within 14 days of receipt of the notice of assembly.(2) Criminal Cases. Upon receipt of the notice of assembly of the record, pursuant to Rule 9(e), the clerk of the appellate court shall enter the appeal upon the docket.(3) In General. Upon docketing of the appeal, the clerk shall serve written notice thereof upon each party and the clerk of the lower court. Upon motion, the lower court or a single justice of the appellate court may, for cause shown, enlarge the time for docketing the appeal or permit the appeal to be docketed out of time. An appeal shall be docketed under the title given to the action in the lower court, with the appellant identified as such, but if such title does not contain the name of the appellant, then the party's name, unless permitted to proceed under a pseudonym, identified as appellant, shall be added to the title.(4) Certain Constitutional Claims. Within 14 days after the docketing of any civil appeal that draws into question the constitutionality of an act of the legislature, if neither the Commonwealth nor an officer, agency, or employee thereof is a party to the appeal, the party asserting the unconstitutionality of the act shall notify the attorney general of such challenge. If such a question becomes apparent to a party after the 14-day period has expired, the party shall immediately notify the attorney general. Such notice shall be given either in writing or by use of any electronic method the attorney general may designate for this purpose.(5) Consolidated Appeals. Appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party, on such terms as the court may order.(6) Joint Appeal. Upon entry of an appeal pursuant to Rule 10(a)(1) or 10(a)(2), parties who have filed a joint notice of appeal shall proceed on appeal as a single appellant, unless upon motion the appellate court grants leave to proceed separately.(7) Cross Appeals. If a cross appeal is filed, the party who files a notice of appeal first is the appellant for the purposes of these Rules. If notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties' agreement, filed with the appellate court, or by court order. (b) Filing. The clerk of the appellate court shall file upon receipt any part of the record or any document authorized to be filed in lieu of the record under any provision of Rule 9, following timely docketing of the appeal. The clerk shall immediately give notice to all parties of the date of each such filing.(c) Dismissal for Failure of Appellant in a Civil Case to Comply With Rule 9(d) or Rule 10(a). If any appellant in a civil case shall fail to comply with Rule 9(d) or Rule 10(a)(1), the lower court may, on motion with notice by any appellee, dismiss the appeal, but only upon a finding of inexcusable neglect; otherwise, the court shall enlarge the appellant's time for taking the required action. If, prior to the lower court's hearing such motion for noncompliance with Rule 9(d), the appellant shall have cured the noncompliance, the appellant's compliance shall be deemed timely.(d) Withdrawal of Counsel. In all cases, any counsel who does not intend to continue representing a client on appeal, for any reason, should file a motion to withdraw his or her appearance in the lower court as soon as is practicable. After an appeal has been docketed in an appellate court, any motion to withdraw appearance of counsel shall be filed with the appellate court. The motion shall include a certificate of service in compliance with Rule 13, which shows service upon all parties to the appeal, including those represented by counsel filing the motion, at the party's or parties' last known address.Amended June 27, 1974, effective 7/1/1974, amended effective 2/24/1975; amended May 15, 1979, effective 7/1/1979; amended effective 5/1/1994; amended July 28, 1999, effective 9/1/1999; amended effective 10/1/2001; amended October 31, 2018, effective 3/1/2019.