(a) Brief of the Appellant. The brief of the appellant shall be formatted and paginated as provided in Rule 20(a)(4), and contain under appropriate headings and in the order here indicated: (1) Cover. The cover of the brief shall contain the information identified in Rule 20(a)(6)(B).(2) Corporate Disclosure Statement. A corporate disclosure statement, if required pursuant to Supreme Judicial Court Rule 1:21, shall be contained within the brief.(3) Table of Contents. The table of contents shall list each section of the brief, including the headings and subheadings of each section, and the page on which they begin.(4) Table of Authorities. The table of authorities shall list each case, statute, rule, and other authority cited in the brief, with references to each page on which it is cited. The authorities shall be listed alphabetically or numerically, as applicable.(5) Statement of Issues. The statement of issues shall concisely and particularly describe each issue presented for review.(6) Statement of Case. The statement of the case shall briefly describe the nature of the appeal, the procedural history relevant to the issues presented for review, with page references to the record appendix or transcript in accordance with Rule 16(e), and the disposition of these issues by the lower court.(7) Statement of Facts. The statement of the facts shall describe the facts relevant to the issues presented for review, but need not repeat items otherwise included in the statement of the case, and each statement of fact shall be supported by page references to the record appendix or transcript in accordance with Rule 16(e).(8) Summary of Argument. In a brief with more than 20 pages of argument, or more than 4,500 words if produced in a proportionally spaced font, there shall be a summary of the argument, that contains a succinct, clear, and accurate statement of the arguments made in the body of the brief, which must not merely repeat the argument headings, and is to include page references to where in the body of the brief each argument is made.(9) Argument. The argument shall contain: (A) the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities and parts of the record on which the appellant relies. The appellate court need not pass upon questions or issues not argued in the brief; and(B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues). (10) Request for Attorney's Fees and Costs. Any request for appellate attorney's fees and costs must be included in the brief, with a citation to the authority therefor.(11) Conclusion. The brief shall contain a short conclusion stating the precise relief sought.(12) Signature Block. The signature block shall contain (A) the printed and signed name(s), personal pronouns (if the attorney or self-represented litigant elects), Board of Bar Overseers (BBO) number(s), if any, mailing and electronic addresses, and telephone number(s) of the person(s) who prepared the brief, and, if any individual counsel is affiliated with a firm or office, the office name; and(13) Addendum. An addendum, contained within the brief, shall consist of the following: (A) a table of contents listing each item contained therein and the page on which it begins;(B) any appealed judgment or order (including any written opinion, memorandum of decision, or findings of fact and conclusions thereon relating to an issue raised on appeal, including a typed version of any pertinent handwritten or oral endorsement, notation, findings, or order made by the lower court);(C) copies of constitutional provisions, statutes, rules, regulations, or relevant parts thereof, as in effect at the relevant time, consideration of which is required for determination of the issues presented;(D) a copy of any unpublished decision cited in the brief; and(E) in a case where geographical facts are of importance, unless appropriate plans are reproduced in the printed record or record appendix, an outline plan (preferably based on exhibits in evidence). This outline plan should be suitable for reproduction on page of the printed law reports.(14) Certificate of Compliance. The certification required by Rule 16(k) shall be contained within the brief.(15) Certificate of Service. The certificate of service required by Rule 13(e) shall be contained within the brief. (b) Brief of the Appellee. The brief of the appellee shall conform to the requirements of Rule 16(a), except as follows: (1) Statements of the Issues, Case, Facts, and Standard(s) of Review. Statements of the issues, of the case, of the facts, and of the applicable standard(s) of review need not be made unless the appellee is dissatisfied with the statements of the appellant.(2) Argument. The argument shall contain the contentions of the appellee with respect to the issues presented, and the reasons therefor, with citations to the authorities and parts of the record on which the appellee relies.(3) Addendum. The addendum shall include copies of items required by Rule 16(a)(13) insofar as pertinent to the issues argued by the appellee, even if included in the addendum of the appellant.(c) Appellant's Reply Brief. The appellant may file a reply brief responding to the appellee's argument. No new issues shall be raised in the reply brief. No further briefs may be filed except with leave of the appellate court or a single justice. The reply brief shall comply with the requirements of Rule 16(a)(1), (3), (4), (9), and (11)(15).(d) References in Briefs to Parties. Parties will be expected in their briefs and oral argument to keep to a minimum references to parties by such designations as "appellant" and "appellee." It promotes clarity to use the designations used in the lower court, or the actual names of the parties, or descriptive terms such as "the employee," "the injured person," "the taxpayer," "the landlord," etc. If the name of a party has been impounded or has been made confidential by statute, rule, or court order, the party shall preserve confidentiality in briefs and oral arguments.(e) References in Briefs to the Record. Any factual statement in a brief shall be supported by a citation to the volume number(s) and page number(s) at which it appears in an appendix, and if not contained in an appendix, to the volume number(s) and page number(s) at which it appears in the transcript(s) or exhibits volume(s). Only clear abbreviations may be used, for example, RAII/55 (meaning Record Appendix volume II at page 55) or TRIII/231-232 (meaning Transcript volume III at pages 231-232). Any record material cited in a brief must be reproduced in an appendix or transcript or exhibit volume. Any record material cited in a brief that is included in the addendum should also include a citation to the addendum. If reference is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected. (g) Massachusetts Citations. Citations to Massachusetts decisions, statutes, and regulations shall be made only to the official report of the decision or to the official publication containing the statute or regulation, if any. References to decisions should include, in addition to the page at which the decision begins, a page reference to the particular material therein upon which reliance is placed, and the year of the decision.(h) Length of Briefs in Cases Other than Cross Appeals. In any case other than a cross appeal, the length of briefs shall comply with Rule 20(a)(2).(i) Briefs in Cases Involving Cross Appeals. In a cross appeal, (1) the length of briefs shall comply with Rule 20(a)(3);(2) the appellee's principal and response brief shall contain the issues and argument involved in the appellee's appeal as well as the answer to the brief of the appellant;(3) the appellee may file a reply brief responding to the appellant's argument as to the issues presented by the cross appeal; and(4) except with leave of the appellate court or a single justice, an appellee that has cross-appealed may file only a single brief in reply to the responses of multiple appellants to the issues presented by the cross appeal.(j) Briefs in Cases Involving Multiple Appellants or Appellees. In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal per Rule 10(a)(5), (1) any number of either may join in a single brief or reply brief, provided appropriate notice is given to the clerk and other parties;(2) any appellant or appellee may adopt by reference any part of the brief of another; and(3) except with leave of the appellate court or a single justice, an appellee may file only a single brief in response to multiple appellant briefs, and an appellant may file only a single brief in reply to multiple appellee briefs.(k) Required Certification; Non-complying Briefs. The last page of each brief shall include a certification by the party that the brief complies with the rules of court that pertain to the filing of briefs, including, but not limited to: Rule 16(a)(13) (addendum ); Rule 16(e) (references to the record); Rule 18 (appendix to the briefs); Rule 20 (form and length of briefs, appendices, and other documents); and Rule 21 (redaction). The certification shall specify how compliance with the applicable length limit of Rule 20 was ascertained, by stating either (1) the name, size, and number of characters per inch of the monospaced font used and the number of non-excluded pages, or (2) the name and size of the proportionally spaced font used, the number of non-excluded words, and the name and version of the word-processing program used. A brief not complying with these rules (including a brief that does not contain a certification) may be struck from the files by the appellate court or a single justice.(l) Citation of Supplemental Authorities. When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of the court, by letter setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without argument state the reasons for the supplemental citations. Any response shall be made promptly and shall be similarly limited. Filing and service of any letter pursuant to this paragraph shall comply with Rule 13.(m) References to Impounded Material. Upon the filing of any brief or other document containing references to matters that are impounded or have been made confidential by statute, rule, or order, the party shall file a written notice with the clerk, with a copy to all parties, so indicating. Wherever possible, the party shall not disclose impounded material. Where it is necessary to include impounded material in a brief, the cover of the brief shall clearly indicate that impounded information is included therein.(n) Amendment of Brief. On motion for good cause, the court may grant leave for a party to file an amended brief. The motion shall describe the nature and reason for the amendment. The party shall file with the motion the amended brief marked as such on the front page or cover. Except as the court otherwise orders, the filing of an amended brief has no effect on any filing deadlines.Amended effective 2/24/1975; amended May 15, 1979, effective 7/1/1979; May 25, 1982, effective 7/1/1982; November 17, 1986, effective 1/1/1987; November 24, 1987, effective 1/1/1988, amended effective 5/5/1989;2/1/1991;1/1/1992;1/1/1997; amended June 11, 1997, effective 7/1/1997; December 1, 1998, effective 1/1/1999; February 5, 2003, effective 3/3/2003; amended effective 10/1/2005; amended October 31, 2018, effective 3/1/2019; amended March 5, 2020, effective 4/1/2020; 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. 16(a)(12)(A). 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).