Rule 13 - Filing and Service(a) Filing. Documents required or permitted to be filed in the appellate court shall be filed with the clerk. (1) Filing Generally. Except as provided in Rule 13(a)(2), filing may be accomplished in hand, through any electronic means provided by the clerk or by first class mail or its equivalent, addressed to the clerk, but filing shall not be timely unless the documents are received by the clerk within the time fixed for filing, except that briefs and appendices shall be docketed on the date of receipt and shall be deemed timely filed if (A) received within the time fixed for filing, or(B) when filed by first class mail or its equivalent, they are accompanied by a certificate attesting that the day of mailing was within the time fixed for filing. If a motion requests relief which may be granted by a single justice, the justice may permit the motion to be filed, in which event the justice shall note thereon the date of filing and shall thereafter transmit it to the clerk.
(2) Documents Filed by a Self-Represented Party Confined in an Institution. If an institution has a system designed for legal mail, a self-represented party confined in an institution must use that system to receive the benefit of this rule. A document other than a notice of appeal filed by such party is timely if it is deposited in the institution's internal mail system on or before the last day for filing and is accompanied by a signed certificate in compliance with Rule 13(a)(1)(B) setting out the date of deposit. If the document is not received by the last day for filing, the certificate shall give rise to a presumption of timely filing provided it shows compliance with this rule. Failure to attach the certificate shall not of itself render the document invalid or untimely, and the appellate court may permit the later filing of a certificate. The time period for the opposing party to file any response to the document runs from the date when the appellate court dockets the document.(b) Service of All Documents Required. Copies of all documents filed by any party shall, at or before the time of filing, be served by a party on all other parties to the appeal or review. (c) Manner of Service. Service may be personal or by first class mail or its equivalent. Personal service includes delivery of the copy to the party's mailing address. Service by first class mail or its equivalent is complete on mailing. Service may also be completed electronically with the consent of the party being served.(d) Certificate of Service of All Documents Other than Briefs and Appendices. (1) Requirement. Documents presented for filing, other than a brief or appendix, shall contain a certificate of service. A certificate of service may appear on or be affixed to the document filed. The clerk may permit documents to be filed without a certificate of service but shall require such certificate to be filed promptly thereafter.(2) Contents. A certificate of service shall be in the form of a statement certifying (A) the date and manner of service;(B) the name, mailing address, and, if known, electronic address of the person(s) served; and(C) the printed and signed name, personal pronouns (if the attorney or self-represented litigant elects), Board of Bar Overseers (BBO) number, if any, mailing and electronic addresses, and telephone number of the person who made service, and if that person is affiliated with a firm or office, the office name.(e) Certificate of Service of Briefs and Appendices. (1) Requirement. Briefs and appendices presented for filing shall be accompanied by a certificate of service. The certificate of service shall appear as a part of the brief being filed as required in Rule 16(a)(15).(2) Contents. The certificate of service shall be in the form of a certification that includes (A) the name of the court and the number of the case;(B) the title of the case;(C) the title of the brief;(D) the party on whose behalf service was made;(E) the printed and signed name, personal pronouns (if the attorney or self-represented litigant elects), Board of Bar Overseers (BBO) number, if any, mailing and electronic addresses, and telephone number of the person who made service, and, if that person is affiliated with a firm or office, the office name;(F) the name and mailing address and, if known, electronic address of the person(s) served; and(G) the date and manner of service.Amended October 23, 1989, effective 1/1/1990; amended October 31, 2018, effective 3/1/2019; amended May 7, 2024, effective 5/7/2024.Reporter's Notes-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).