Rule 19 - Filing and Serving of Briefs, Appendices, and Certain Motions(a) Time for Serving and Filing Briefs and Appendices in All Cases Except Cross Appeals. Except as provided in Rule 19(c) (first degree murder appeals), Rule 11(g)(4) (direct appellate review), and Rule 27.1(f) (further appellate review), the following briefs and appendices shall be due as stated below:
(1) Appellant Brief and Appendix. The appellant shall serve and file a brief and appendix within 40 days after the date on which the appeal is docketed in the appellate court.(2) Appellee Brief. The appellee shall serve and file a brief within 30 days after service of the brief of the appellant (or, in the case of multiple appellants, service of the last appellant brief).(3) Reply Brief. Except by leave of court, any reply brief must be served and filed by the earlier of (A) 14 days after service of the brief of the appellee (or, in the case of multiple appellees, service of the last appellee brief), or(B) 7 days before argument. (b) Time for Serving and Filing Briefs and Appendices in Cases Involving Cross Appeals. Except as provided in Rule 19(c) (first degree murder appeals), Rule 11(g) (direct appellate review), and Rule 27.1(f) (further appellate review), the following briefs and appendices shall be due when stated:
(1) Appellant's Principal Brief and Appendix. The appellant/cross-appellee shall serve and file a brief and appendix within 40 days after the date on which the appeal is docketed in the appellate court.(2) Appellee's Principal and Response Brief and Appendix. The appellee/cross-appellant shall serve and file a brief and appendix within 30 days after service of the brief and appendix of the appellant (or, in the case of multiple appellants, service of the last appellant brief).(3) Appellant's Response and Reply Brief. The appellant/cross-appellee reply brief must be served and filed within 30 days after service of the brief of the appellee/cross-appellant.(4) Appellee's Reply Brief. Except by leave of court, any reply brief must be served and filed by the appellee/cross-appellant by the earlier of (A) 14 days after service of the brief of the appellant/cross-appellee (or, in the case of multiple appellants/cross-appellees, service of the last appellant/cross-appellee brief), or (B) 7 days before argument. (c) Time for Serving and Filing Briefs, Appendices, and Motions for New Trial in First Degree Murder Appeals. (1) In the case of a direct appeal by an appellant who has been convicted of first degree murder, the appellant shall within 120 days after the date on which the appeal is docketed in the Supreme Judicial Court: (A) serve and file the appellant's brief and appendix; (B) serve and file a motion for a new trial; or (C) for good cause shown, seek a further enlargement of time for filing a brief and appendix or a motion for a new trial. The Commonwealth shall serve and file its brief within 90 days after service of the brief of the appellant. The appellant may serve and file a reply brief within the 30 days after service of the brief of the Commonwealth.(2) If during the pendency of the direct appeal a motion for a new trial is remanded to the Superior Court, the direct appeal of the conviction will ordinarily be stayed until the motion is decided. The matter shall be heard and determined expeditiously in the Superior Court. The appellant shall file with the Clerk of the Supreme Judicial Court for the Commonwealth status reports as directed by the Court . An appeal by the defendant from the denial of a motion for a new trial shall be consolidated with the direct appeal. An appeal by the Commonwealth or by the defendant from the determination of a motion for a new trial shall have the same docket number as the direct appeal. The Clerk of the Supreme Judicial Court for the Commonwealth shall establish a briefing schedule.(d) Number of Copies to Be Filed and Served. (1) Briefs and Appendices. (A) Appeals Court. Except as provided in M.A.C. Rule 13.0, concerning electronic filing, on appeal to the Appeals Court, either the original or 1 copy of each brief and appendix shall be filed with the clerk, unless the court by order in a particular case shall direct a different number, and 1 copy shall be served on counsel for each party separately represented, 1 copy of each shall be served on counsel for all jointly represented parties, and 2 copies of each shall be served on each self-represented party to the appeal, unless the parties agree in writing or the court shall by rule or by order direct the filing or service of a different number.(B) Supreme Judicial Court. (i) On appeal to the Supreme Judicial Court, 7 copies of each brief and appendix shall be filed with the clerk, unless the court by order in a particular case shall direct a different number, and 2 copies shall be served on counsel for each party separately represented, 2 copies of each shall be served on counsel for all jointly represented parties, and 2 copies of each shall be served on each self-represented party to the appeal, unless the parties agree in writing or the court shall by rule or by order direct the filing or service of a different number.(ii) Appeals Transferred to the Supreme Judicial Court from the Appeals Court. In any appeal transferred to the full Supreme Judicial Court, in which briefs and appendices have already been filed in the Appeals Court, 7 copies of each brief and appendix shall be promptly filed with the clerk of the Supreme Judicial Court, unless the court by order in a particular case shall direct a different number.(2) Exhibits and Transcripts in Civil Cases. Exhibits and transcripts or portions thereof in civil cases, designated for inclusion in the appendix, may be contained in separate volumes, suitably indexed. (A) Appeals Court. Except as provided in M.A.C. Rule 13.0, concerning electronic filing, on appeal to the Appeals Court, 1 copy of the exhibit volume or volumes, and 1 copy of the transcript volume or volumes shall be filed with the brief and appendix and 1 copy of each shall be served on counsel for each party separately represented, 1 copy of each shall be served on counsel for all jointly represented parties, and 1 copy of each shall be served on each self-represented party to the appeal, unless the parties agree in writing or the court shall by rule or order direct the filing or service of a different number.(B) Supreme Judicial Court. (i) On appeal to the Supreme Judicial Court, and on further appellate review, 2 copies of the exhibit volume or volumes and 2 copies of the transcript volume or volumes shall be filed with the brief and appendix and 1 copy of each shall be served on counsel for each party separately represented, 1 copy of each shall be served on counsel for all jointly represented parties, and 1 copy of each shall be served on each self-represented party to the appeal, unless the parties agree in writing or the court shall by rule or by order direct the filing or service of a different number.(ii) Appeals Transferred to the Supreme Judicial Court from the Appeals Court. In any appeal transferred to the full Supreme Judicial Court, in which copies of the exhibits and transcripts have already been filed in the Appeals Court pursuant to this rule, 2 copies of the transcript volume or volumes shall be promptly filed with the clerk of the Supreme Judicial Court, unless the court by order in a particular case shall direct a different number. (e) Consequence of Failure to File Briefs and Appendices. If an appellant fails to file a brief and appendix, other than a reply brief, within the time provided by this rule, or within the time as extended, the appellate court may, upon motion or sua sponte, dismiss the appeal. Any appellee who elects not to file a principal brief shall timely notify the appellate court and all parties that no brief will be filed. If an appellee fails to file a brief within the time provided by this rule, or within the time as extended, the appellate court may, upon motion or sua sponte, deem the case ready for consideration by the appellate court. An appellee who fails to file a timely brief will not be heard at oral argument except by permission of the appellate court.Amended May 15, 1979, effective 7/1/1979; amended effective 2/1/1991;7/1/1991; amended October 30, 1997, effective 1/1/1998; amended July 28, 1999, effective 10/1/1999; amended February 26, 2004, effective 4/1/2004; amended October 31, 2018, effective 3/1/2019; amended July 8, 2021, effective 9/1/2021; amended April 25, 2022, effective 5/1/2022.Reporter's Notes-2022
Rule 19(d) (1) (A) and Rule 19(d) (2) (A) were amended to reduce the required number of paper documents filed with the Appeals Court. These amendments reflect the Appeals Court's practice of scanning paper documents and retaining them electronically in the court's case management system and distributing them electronically to the Justices and court personnel.
Attorneys are cautioned that M.A.C. Rule 13.0 requires most attorney-filed documents be filed electronically with no paper version to be filed with the Appeals Court. Where the rules permit a particular filing to be submitted to the Appeals Court in paper form (such as briefs, appendices, and, in civil cases, any exhibit volume or transcript volume), only a single copy is required. As amended, Rule 19(d) (1) (A) allows the filed version of the brief to be either the original (i.e., with an original signature) or a copy, not both.
Rule 19(d) (1) (A) was also amended to reduce from 2 to 1 the number of copies of each brief and appendix to be served on any counsel of record in connection with an appeal in the Appeals Court. This amendment recognizes that most attorneys today communicate electronically with their clients and counsel, eliminating the need for a second copy. The requirement that 2 copies of each brief and appendix be served on a self-represented party remains.
No changes were made to Rule 19(d)(1)(B) and Rule 19(d)(2)(B), which concern appeals in the Supreme Judicial Court.