Docstoc

Pro Se Guide_ by Mass. Court of Appeals

Document Sample
Pro Se Guide_ by Mass. Court of Appeals Powered By Docstoc
					                      Massachusetts Appeals Court
                         John Adams Courthouse
    Clerk's Office Hours (Monday - Friday): 8:30 a.m. - 4:30 p.m.
                 Clerk's Office Phone: (617) 725-8106
              Website: www.mass.gov/courts/appealscourt

             PRO SE GUIDE TO CIVIL AND CRIMINAL APPEALS

ABOUT THIS GUIDE:

This Guide was prepared to help you work through the appeals process. It is
not a substitute for reading and understanding the Rules of Appellate
Procedure and it is not exhaustive. If you have questions about your appeal
that are not addressed in this Guide, you may call the Clerk's Office and a
staff member will assist you. Be advised, however, that court employees are
not permitted to recommend legal counsel or to provide legal advice.

In this Guide:

Civil Cases
A. What if I am dissatisfied with the trial court's judgment?
B. How do I appeal the trial court judgment?
C. What is a notice of appeal?
D. Do I have to do anything else when I file my notice of appeal?
E. When I get the transcript, what do I do?
F. What does the trial court clerk's office do with the transcript?
G. What does "assemble the record" mean?
H. How do I docket my appeal?
I. What happens when my appeal is docketed?
J. What is a brief?
K. What is a record appendix?
L. What do I do after I prepare my brief and appendix?
M. How do I serve and file my brief and appendix?
N. What if I need more time to serve and file my brief and appendix?
O. What happens after I serve and file my brief and record appendix?
P. May I file any more briefs with the Appeals Court?
Q. When will my appeal be decided?
R. How long does the three judge panel have to issue a decision?
S. If I am not happy with the decision, can I appeal my case to another court?

Criminal Cases
A. Can I appeal if I have been convicted of a crime?
B. How do I appeal?
C. If I do not have an attorney, can an attorney be appointed to represent me?
D. What if I want to represent myself on appeal?
E. What happens after the transcript has been prepared?
F. Is there a fee to enter a criminal appeal?
G. Should I follow the instructions above to prepare, file and serve my brief?

Obligations of an Appellee
A. What is an appellee?
B. What do I have to do?
C. What if I want to file a brief?
D. May I also file a record appendix?
E. May I file a reply to the appellant's reply brief?
                  GUIDE TO APPEALS: CIVIL CASES

A.    What if I am dissatisfied with the trial court's judgment?

     If you are dissatisfied with the trial court's judgment, you
have a right to appeal after final judgment has entered. For
appellate purposes, a matter is ripe for appeal when an order,
decree or judgment has entered as to all issues and all parties
so that there is nothing left to litigate.

B.    How do I appeal the trial court judgment?

     The first step is to file a notice of appeal in the clerk's,
register's or recorder's office of the court in which your case
was heard. The deadline for filing a notice of appeal can be as
short as ten days. For most cases, the deadline is thirty days
after the final judgment is entered on the docket. As soon as a
judgment is rendered in your case, you will need to determine
what the deadline is for filing an appeal, and where you need to
file it. It is important that you read and follow the
Massachusetts Rules of Appellate Procedure (Mass.R.A.P.) or other
rules that apply to your case. The rules may be available for
you to view in law libraries (see Exhibit 1 and
http://www.lawlib.state.ma.us/libraries/index.html), or can be
found on the Appeals Court website via
http://www.mass.gov/courts/sjc/rules.html.

C.   What is a notice of appeal?

     A notice of appeal is a written statement prepared by you
that has the name of your case, the trial court docket number,
and states your intention to appeal the judgment. The notice of
appeal should include your name, and should specify the order,
decree or judgment that you are appealing. See Exhibit 2 and
Mass.R.A.P. 3(c).

     The notice must be filed in the clerk's office of the trial
court where your case was heard. See Mass.R.A.P. 4(a). See
Mass.R.A.P. 4(c) & 14(b)if you have missed the filing deadline.

D.   Do I have to do anything else when I file my notice of
     appeal?

     Yes. If there was a trial in your case in which people
testified and evidence was taken, you will need to have a
transcript of the trial. You must contact the trial court
clerk's office to get the information as to how to order the
trial transcript and whom you must pay. If you are indigent, you
may file a motion in the trial court, supported by a current
affidavit of indigency, asking to have the cost of the transcript
paid by the Commonwealth.

     If your case was decided just on the papers filed, for
example, on a motion to dismiss, and no witnesses testified, it
is not necessary to order a transcript. Whether or not you order
a transcript, you are required to file a certificate in the lower
court clerk's office stating that either a transcript is
necessary for your appeal and you have ordered it, or that no
transcript is necessary for the appeal. See Mass.R.A.P. 9(c)(2).

E.   When I get the transcript, what do I do?

     When you receive the transcript, make a copy for yourself,
for the trial court clerk's office and for each opposing counsel
or party. You must file a copy of the transcript with the trial
court clerk's office. See Mass.R.A.P. 9(c)(2). Typically, the
filing of the transcript is the final step in the assembly
process. It is advisable to make a written request to the trial
court clerk's office to assemble the record when all of the
transcripts have been filed there. It is a good idea to submit
this request as a letter and to send a copy to all opposing
counsel or parties.

F.   What does the trial court clerk's office do with the
     transcript?

     Once you file a copy of the transcript with the trial court
clerk's office, that office will "assemble the record", send it
to the Appeals Court, and send notice to all parties involved
that this has been done. It is important that the trial court
clerk's office has your current address and phone number. See
generally Mass.R.A.P. 8(b) & 9.

G.   What does "assemble the record" mean?

     "Assemble the Record" refers to the trial court clerk's
office's action of placing together all of the original papers,
exhibits, and the transcript, if any, filed in the trial court.
See Mass.R.A.P. 8(a).

     During the course of the appeal, the trial court will retain
the record, and does not send any portion of the record to the
Appeals Court, unless requested to do so by the Court. See
Mass.R.A.P. 9(a).
     When you prepare your record appendix (see Section K) you
may request from the trial court copies of those parts of the
record necessary for the Court to effectively analyze and
determine your appellate issues. There is a charge for the
copies, or you may use your own copies if they do not have your
writing or notes on them.

     How long does it take to "assemble the record"?

     The rules do not specify a deadline for the trial court to
complete the assembly of the record. Because of the number of
cases that the trial courts are asked to handle and assemble, and
because the assembly process itself requires careful attention to
detail, it may take many weeks for the assembly process to be
completed. If transcripts have been ordered, the assembly
process may be further delayed pending completion of the
transcripts, a process that is beyond the control of the clerk's
office.

H.   How do I docket my appeal?

     Within ten days of receiving notice from the trial court
clerk, you must pay your docket fee to the Appeals Court. See
Mass.R.A.P. 10 (a). The docket fee is $300 per appealing party.
If you and your spouse are both appealing, the fee is $600. The
Appeals Court will accept payment in cash, bank check or money
order. Personal checks are not accepted. Any bank check or
money order is made payable to the Commonwealth of Massachusetts.
You may pay in person or mail your payment to:

Appeals Court Clerk's Office
John Adams Courthouse
One Pemberton Square
Suite 1200
Boston, MA 02108

     If you are not able to pay the docketing fee because you are
indigent you may file a Motion to Waive the docket fee along with
an affidavit of indigency. The affidavit is available on the
Appeals Court website at:
http://www.mass.gov/courts/sjc/affidavit-indigency-related-
docs.html or you may come to the Clerk's Office to fill out the
Motion to Waive and the affidavit.

     It is very important that your payment (or your Motion to
Waive with affidavit of indigency attached) is received in the
Clerk's Office within ten days following your receipt of the
record assembly notice. Failure to docket your appeal within the
ten-day deadline will require the filing of a motion, with
additional filing fee required, asking a single justice of the
Appeals Court to permit your appeal to be docketed late.

I.   What happens when my appeal is docketed?

    After you docket your appeal, the Appeals Court Clerk's
Office will send you a Notice of Entry with your docket number in
the Appeals Court. This number will not be the same as your
trial court docket number. You will be required to include this
docket number on each document filed with the Appeals Court. If
you call the Clerk's Office with questions about your case, you
will be asked to provide this docket number.

    You are now designated as the appellant in the case.   The
other side is designated as the appellee.

     You should immediately review the Massachusetts Rules of
Appellate Procedure (Mass.R.A.P.), especially those sections of
the rules that are referenced in this guide.

     As a pro se litigant, you are bound by the same rules and
are held to the same standards as a party who is represented by
an attorney. Commonwealth v. Jackson, 419 Mass. 716, 719 (1995)

     Now that your case has been docketed, you are required to
file and serve a docketing statement, according to the Appeals
Court’s Pilot Program Requiring Appellants to File Docketing
Statements in Civil Cases. The docketing statement provides the
court with important background information involving your case
that will be useful when the appeal is entered, screened, and
considered by the court. It must be sent to the Court by e-mail
within fourteen (14) days after the Appeals Court issues the
"Notice of Entry" of the appeal. The docketing statement, and
its instructions, is available at:
http://www.mass.gov/courts/appealscourt/docs/civdocketingstatemen
t.pdf. If you do not file the docketing statement, the court can
deny any motion to enlarge time to file a brief or a motion to
stay appellate proceedings, until the docketing statement is
filed.

    The appellant's primary responsibility in an appeal is the
preparation and filing of a brief and record appendix. As the
appellant, you have forty (40) days to serve and file your brief
and record appendix. Mass.R.A.P. 19(a). As discussed below, the
rules require you to file and serve multiple copies of the brief
and record appendix.


J.   What is a brief?

     A brief is the appellant's vehicle to present argument to
the Court in support of the appellant's claim that the trial
court committed reversible error. There is no right to have your
appeal argued orally, and most appeals are determined solely on
the briefs filed by the parties. A brief contains a statement of
the issues on appeal, the procedural history of the case, a
statement of the underlying facts, the appellant's legal
argument, and a conclusion stating the relief sought. See below
"Contents Of The Brief" for additional requirements.

     Mass.R.A.P. 16, 19, and 20 govern the content and format of
an appellate brief. Your principal appellate brief must have a
blue cover, must be securely bound on the left hand side and
cannot be longer than 50 pages. The cover of the brief must have
the name of the case, the Appeals Court docket number, the name
of the trial court, the title of the document (i.e., Appellant's
Brief), and your name, address, and telephone number. See
Mass.R.A.P. 20.

Formatting of the Brief: Your principal brief may not be longer
than fifty pages. The fifty page limit does not include the
table of contents, the table of authorities, and the addendum.
You must have one and one half inch margins on the left and the
right, and one inch top and bottom margin. Your brief must be
typed in black ink using a monospaced font, double spaced, on 8
1/2" by 11" inch white paper. As stated in the Reporter's Notes
to Mass.R.A.P 20, it is suggested that Courier New font, 12 point
size, be used when typing your brief, because it is the
monospaced font most widely used by parties when filing briefs
with the Appeals Court. See Mass.R.A.P. 20.

Notably, footnotes must be typed using the same font and point
size.

See Exhibit 6 for a checklist detailing these requirements.

Contents Of The Brief
Your brief is required to contain the following elements,
arranged in the order as set out below.

Table of contents with page references to pages in the brief
where the content appears. Mass.R.A.P. 16(a)(1).

Table of Authorities including a list of cases referred to,
alphabetically arranged, with page references to pages in the
brief where the case citation appears. This table should also
include statutes and other legal authorities with appropriate
page references. Mass.R.A.P. 16(a)(3). Citations must be to the
official Massachusetts Reporter volume.

Statement of the issues is a brief summary of the issues raised
in your brief and discussed in the argument section. Mass.R.A.P.
16(a)(2). The statement of the issues is the first page of the
substantive portion of your brief, and should be numbered as page
1.

Statement of the case is a procedural history of what happened to
your case. It is helpful to have page references to the record
appendix to support your statement of the case. Mass.R.A.P.
16(a)(3).

Statement of the facts. Your statement of the facts should be an
objective description of the facts of your case as it developed
and proceeded in the trial court. Importantly, every fact
included in this statement must have support in the record
appendix and must be followed by a page reference to the appendix
or transcript where that fact appears. Mass.R.A.P. 16(a)(3) and
16(e).

Summary of the argument is necessary only if your argument
section is longer than 24 pages. This section is a brief summary
of the arguments made later in the brief and should have a page
reference to the pages at which each point argued appears later
in the brief. Mass.R.A.P. 16(a)(4).

Argument. This section contains the legal argument that
supports the issues you are raising on appeal. Your legal
argument must be supported by legal authority such as appellate
case law, statutes, and/or regulations. Mass.R.A.P. 16(4). You
must use official case citations, such as Commonwealth v.
Moffett, 383 Mass. 201 (1981), and Commonwealth v. Giontzis, 47
Mass. App. Ct. 450 (1999).

If you are citing to a constitutional provision, statute or
regulation as authority in support of your legal arguments, you
must include as an addendum to the brief a copy of the
constitutional provision, statute or regulation. This is
referred to as the statutory addendum. (See "Addendum" below.)
Mass.R.A.P. 16(f).

Conclusion. This is a concise statement of the relief that you
are asking the court to give you.

Mass.R.A.P. 16(k) certificate of compliance. The last page of
every brief must contain a statement which certifies that you
have complied with the Massachusetts Rules of Appellate Procedure
that pertain to the filing' of briefs. See Exhibit 5.

Addendum. The addendum is physically attached to the end of your
brief and must include copies of any statutes, rules,
regulations, or local ordinances that you refer to in your brief.
Mass.R.A.P. 16(f). It must also contain a copy of the order,
judgment or decree that you are appealing. Mass.R.A.P. 16(a)(6).
The addendum is not the same as the appendix. The addendum should
also be consecutively numbered, for example, Add. 1, Add. 2, etc.

Certificate of Service. A certificate of service must be filed
with the Appeals Court at the time of the filing of your brief
and appendix. It is not required that the certificate of service
be bound with the brief, and it is preferable to the Court that
it be filed separately. A certificate of service is signed under
the pains and penalties of perjury, lists the date and manner of
service (e.g., first class mail, in hand service), and must
provide the address at which each party was served. If service
was made on counsel, the certificate of service must also
indicate the name of the party being represented by counsel
served. See generally Mass.R.A.P. 13.

Other Requirements. Use of pseudonyms or initials for name of
sexual assault victims. M.G.L. c. 265, § 24C prohibits the
disclosure of the name of the victim of certain sexual assault
crimes. If the case involves any type sexual assault, it is
required to use a pseudonym or initials when referring to the
victim or complainant. If the name of the victim appears in the
record appendix, you must black out the name.

K.   What is a record appendix?

     The record appendix, or appendix, is the collection of those
portions of the trial court's record (e.g., papers, exhibits
and/or transcripts) relevant to the issues, facts, and arguments
set forth in your brief. The appendix must also include a copy
of the trial court docket, as well as a copy of the order,
judgment, or decree being appealed. See Mass.R.A.P. 18(a).
     It is your responsibility as the appellant to provide the
Court with each document and/or transcript that you believe is
necessary to decide your appeal. If you do not provide it, it
will not be considered by the judges deciding your case.

      The Appeals Court is a reviewing court, and reviews only
 those documents that were made part of the trial court record;
 documents not made part of the record are not permitted to be
 included in the appendix.

     Format. The appendix, if it is bound separately from your
brief, must have a white cover containing the same information
that is on the cover of your brief. The appendix must have a
table of contents which identifies each document and lists the
page number of the appendix at which it starts. Mass.R.A.P.
18(d). The pages must be consecutively numbered, for example,
A1, A2, etc., and the documents should be placed in the same
chronological order as they were filed in the trial court,
starting with the trial court's docket.

     The appendix cannot be more than one and one half inches
thick. If it is, it must be broken into separate volumes.
Mass.R.A.P. 20(a). The cover of each volume should identify its
number in comparison to the total number of volumes (e.g., "Vol.
1 of 3").

     Insertion and reference to impounded materials. If the
entire case has been impounded by a court order, standing order
or by statute, the cover of the record appendix must clearly
indicate that the record appendix is impounded. See Mass.R.A.P.
16(m).

     If only some of the documents you wish to include in the
record appendix have been impounded, you must file those
documents in a separate appendix volume, and the cover of that
volume must clearly indicate that it contains impounded material.
Mass.R.A.P. 18(g).


L.   What do I do after I prepare my brief and appendix?

     After you have prepared your brief and appendix you must
make enough copies to file seven copies with the court, to serve
two upon each opposing party, and to keep at least one copy for
yourself. Mass.R.A.P. 19(b)(1).

     Also, you are allowed to divide the exhibits and
transcript(s) into separate volumes, with a table of contents, in
chronological order, and consecutively paginated. If you do
this, you may file five copies of exhibits and serve one, and
file two copies of the transcript and serve one.

M.   How do I serve and file my brief and appendix?

     Your brief and appendix must be served and filed within
forty days after the entry of your appeal in the Appeals Court.
You may hand deliver the briefs and appendices or you may mail
them to both the court and the opposing party. Mass.R.A.P. 19(a)
and (b)(1). At the time you file the seven (7) copies of the
brief and appendix, you must also file a certificate of service,
showing that you have delivered or caused to be delivered upon
the opposing counsel, or opposing party if the other party is not
represented by counsel. The certificate of service must include
the date of service, manner of service, and the name and address
of the person served must be filed with the Appeals Court at the
time that you file your brief and appendix with the court.
Mass.R.A.P. 13. See also Exhibit 3.

     If you are mailing your brief on the day that is it due,
you must also include a written statement to the court, also
known as an affidavit of mailing, in which you swear that the
brief was mailed to the court on or before the date due.
Mass.R.A.P. 13(a)(ii). If the Court receives your brief and
affidavit after the due date, the brief will be deemed timely
filed as of the date it was mailed, pursuant to Mass.R.A.P.
13(a)(ii).


N.   What if I need more time to serve and file my brief and
     appendix?

     If for some reason you cannot meet the forty-day deadline in
which to serve and file your brief and appendix, you may file a
motion with the Appeals Court asking for more time. See
Mass.R.A.P.14(b). The motion must set forth the reasons for the
requested extension, provide a date certain by which the brief
will be filed, and must be accompanied by a certificate of
service which lists the name of the document being served, the
date of service, the manner of service (e.g., first class mail,
in hand service), and the names and addresses of all parties
being served. See Mass.R.A.P. 13. A copy of the motion must be
served on all other parties to the appeal. Mass.R.A.P. 13(b).

     It is the policy of the Court to grant no more than one
motion for enlargement of time per side, the enlargement
sought not to exceed 120 days, and then only on the basis of an
affidavit setting forth (a) good cause to warrant the requested
enlargement, and (b) an explanation why the particular time
period requested is reasonable. Further enlargements of time
will ordinarily not be granted absent genuine emergency, such as
a death, illness, or serious injury.

0.   What happens after I serve and file my brief and record
     appendix?

     The opposing party, the appellee, has thirty days after
service of your brief and record appendix to file the appellee's
brief. Mass.R.A.P. 19(a). An appellee does not have to file a
brief, but most do. If an appellee does not file a brief, she/he
will ordinarily not be allowed to present oral argument, if one
is scheduled. Mass.R.A.P. 19(c). See below for additional
information on the Appellee.

P.   I have been served with the appellee's brief.   May I file
     any more briefs with the Appeals Court?

     Yes. You have the right to file a reply brief within
fourteen days of service of the appellee's brief. The reply
brief has a gray cover, cannot be longer than twenty pages, and
is to only reply to the arguments made in the appellee's brief.
Mass.R.A.P. 16(c) and (h). There is no requirement that the
reply brief restate the issues, procedural history, or facts of
the matter. The twenty page limit can be devoted strictly to
argument in response to the appellee's brief. Also, the reply
brief must comply with the requirements of Mass.R.A.P. 16(a)(1),
by including a table of contents and a table of authorities (see
Exhibit 4), as described above.

Q.   When will my appeal be decided?

     An appeal is considered fully briefed at the time of the
filing of the appellee's brief. The appellant's and appellee's
brief will then be reviewed by the Court for a determination of
which appellate track the case will follow. Your appeal may
either be scheduled for oral argument before a panel of three
Appeals Court judges or it may be decided on the briefs by a
panel without oral argument. Whether to schedule oral argument
or to decide the appeal just on the briefs filed is a decision
that is made by the court. A party does not have a right to oral
argument on appeal.
     You may expect that your appeal in a civil case will be
scheduled for argument or referred to a panel for decision on the
briefs approximately six months after the appellee's brief is
filed. You will receive notice that the case is scheduled for
oral argument or submitted to a panel without oral argument. If
the case is scheduled for oral argument, you will receive a
notice from the court requiring you to identify any dates in a
specified month when you are unavailable to argue. You must
respond by email, or you will be deemed available for the month.
After you receive this notice, all of your filings must be sent
by email in PDF format only, and no paper originals will be
accepted for filing. See Appeals Court Standing Order Requiring
The Electronic Filing Of All Motions And Letters Filed After
Panel Assignment at:
http://www.mass.gov/courts/appealscourt/standing_order_filing.htm
l

R.   How long does the three judge panel have to issue a
     decision?

      While there is no time period set by law or the
Massachusetts Rules of Appellate Procedure, the panel usually
issues its decision within 130 days of receiving the case.

S.    If I am not happy with the Appeals Court decision, can I
appeal my case to another court?

     Technically, there is no "appeal" to a higher court from a
decision made by the Appeals Court. However, you may request
post-appellate review of the Court's decision by filing a
petition for rehearing or an application for further appellate
review. See Mass.R.A.P. 27 & 27.1

     Petition for Rehearing

     The petition is submitted in letter form addressed to the
most senior judge on the three judge panel. It is filed in the
Clerk's Office, which will docket and distribute it to the panel.
The petition for rehearing must be served and filed within
fourteen days of the issuance of the decision. According to the
Appeals Court Standing Order Requiring The Electronic Filing Of
All Motions And Letters Filed After Panel Assignment (see court's
website at
http://www.mass.gov/courts/appealscourt/standing_order_filing.htm
l), the petition must be filed with the court via e-mail, as a
pdf file attached to an email message sent to
emotions@appct.state.ma.us. There is no fee for the filing of a
petition for rehearing.   See Mass.R.A.P. 27.

     Application for Further Appellate Review (FAR)

     You may also, within twenty days of the issuance of the
Appeals Court decision, file an application for further appellate
review with the Supreme Judicial Court. The fee for an
application for further appellate review is $200 and you should
review Mass.R.A.P. 27.1 before you file the application. You will
be required to file the fee and seventeen copies with the Supreme
Judicial Court, and one copy with the Appeals Court.

     If you need more time than is provided by the rules to file
either the petition for rehearing or application for further
appellate review, you must file a motion in the appropriate court
requesting additional time. See Mass.R.A.P. 27 & 27.1. The
motion should state reasons for the requested extension, and
provide a date certain by which the petition or application will
be filed.

     If your requested extension will extend beyond twenty-eight
days after the entry of the Court's decision, you should also
file a motion in the Appeals Court to stay the issuance of the
rescript. The rescript, which is the technical name for the
Court's decision, issues to the trial court twenty-eight days
after it is entered on the Appeals Court docket. This twenty-
eight day period allows for a party to file for the post-decision
relief described herein. If a petition for rehearing,
application for further appellate review, or motion to stay the
issuance of the rescript is not filed within this twenty-eight
day period, the Court's decision will issue to the trial court
for entry therein. See Mass.R.A.P. 23.


What's Next in this Guide:

     The next sections of this guide address appeals in criminal
cases, and the responsibilities for an appellee, or the person
responding to an appeal.

                GUIDE TO APPEALS: CRIMINAL CASES

A.   Can I appeal if I have been convicted of a crime?

     If you have been convicted of a crime, you may appeal to the
Appeals Court. An appeal from a first degree murder conviction
goes directly to the Supreme Judicial Court.
B.   How do I appeal?

     File a notice of appeal with the trial court clerk's office
within thirty days of the date of your conviction or sentencing,
whichever is later.

C.   If I do not have an attorney, can an attorney be appointed
     to represent me?

     When you were arraigned, a probation officer most likely
interviewed you to learn about your financial situation. If your
income fell below a certain amount, an attorney would have been
appointed to represent you at trial. That attorney will not
represent you on appeal, but if you are indigent, a new attorney
may be appointed to represent you on appeal.

     To be appointed appellate counsel, you must file a motion
for appointment of counsel with your notice of appeal, in the
trial court. You may also file the motion in the Appeals Court
after the entry of your appeal, with an affidavit of indigency
attached.

D. What if I want to represent myself on appeal?

     You may do so, but be aware that the appellate courts will
require you to follow the Rules of Appellate Procedure. Self-
represented parties are held to the same standard as are
attorneys when proceeding in the Appeals court. At the time you
file the notice of appeal, you must also order the trial
transcript. If you have been found to be indigent, you may file
a motion with the trial court to waive the cost of the
transcript. If you are not indigent, you must pay
for the transcript yourself. You should contact the clerk of the
trial court to make sure that you are proceeding correctly and
that the transcript is being prepared.

E. What happens after the transcript has been prepared?

     The court reporter or the transcriber will file the original
transcript with the clerk of the trial court. A copy will be
made for you and for the prosecutor. The clerk of the trial
court will then "assemble the record," and at the completion of
which will transmit two attested copies of the trial court
docket, a list of exhibits, and the original and a copy of the
trial transcript to the appellate court. See Mass.R.A.P. 8 and
9(d).
F. Is there a fee to enter a criminal appeal?

     No. Upon receipt of the assembled record, the Clerk of the
Appeals Court will enter the appeal on the docket. You will
receive notice of the date of entry and the Appeals Court docket
number.

G. Should I then follow the instructions as set out in Sections
I through S above in preparing, filing and serving my brief?

     Yes. As the appellant in criminal case, you are still
responsible for preparing, filing and serving your brief and
record appendix, even if a lawyer has not been appointed for you.
If a transcript has been prepared, you are not required to file
two copies and serve one copy of the transcript because it has
already been forwarded to the Appeals Court by the trial court
Clerk's Office.

     Additionally, you are required to file and serve a docketing
statement, according to the Appeals Court’s Pilot Program
Requiring Appellants to File Docketing Statements in Criminal
Cases. The docketing statement provides the court with important
background information involving your case that will be useful
when the appeal is entered, screened, and considered by the
court. It must be sent to the Court by e-mail within fourteen
(14) days after the Appeals Court issues the "Notice of Entry" of
the appeal. The docketing statement and its instructions are
available at:
http://www.mass.gov/courts/appealscourt/docs/crimndocketingstatem
ent.pdf. If you do not file the docketing statement, the court
can deny any motion to enlarge time to file a brief or a motion
to stay appellate proceedings, until the docketing statement is
filed.

     It should be noted that incarcerated self-represented
appellants are not required to file the docketing statement at
this time.

          GUIDE TO APPEALS: OBLIGATIONS OF AN APPELLEE

A. What is an appellee?

     If you were the prevailing party in the trial court and are
responding to the appeal, and you did not file the notice of
appeal, you are designated as the appellee.
B. What do I have to do?

     An appellee is permitted but not required to file a brief.
If you do not file a brief, you will not be permitted to argue
your side if oral argument is scheduled. Mass.R.A.P. 19(c).

C. What if I want to file a brief?

     You have the right to do so. The appellant must serve you
with a copy of his/her brief and appendix. You will then have
thirty days to serve and file a copy of your appellee's brief.
Your brief must have a red cover and must follow the format as
set forth in Section J above, except that a statement of the
issues, a statement of the case, and statement of the facts are
not required unless you are dissatisfied with the appellant's
brief description of those parts. See Mass.R.A.P. 16 and 20.

D. May I also file a record appendix?

     Only an appellee in a criminal case is permitted as of right
to file a supplemental appendix. In civil cases appellees are
not permitted to file their own appendix. Mass.R.A.P. 18(a). If
you think that the appellant has left out important parts of the
record below that you want the appellate court to consider when
deciding the appeal, you must file a motion for leave to file a
supplemental appendix explaining what additional documents you
wish to include. You may submit this motion before you file your
brief, or at the time that you file your brief and supplemental
appendix. Papers not made part of the trial court's record are
not permitted to be filed in the proposed supplemental appendix.

E. May I file a reply to the appellant's reply brief?

     No, not unless this is a cross appeal (that is, you also
filed a notice of appeal below in the lower court and you have
also paid a docket fee to enter your cross appeal in the Appeals
Court). If this is a cross appeal, you are permitted to file a
sur-reply brief within 14 days after service of the appellant's
reply brief. See Mass.R.A.P 16(c). See Section P above for the
format of a reply brief.
LIST OF EXHIBITS

1.   List of Law Libraries
2.   Notice of Appeal
3.   Certificate of Service
4.   Sample table of authorities
5.   Certificate of Compliance
6.   Brief Compliance "Checklist"
Massachusetts Trial Court Law Libraries: Locations and Contact Information
Libraries marked with a wheelchair symbol are fully accessible.
For the others, please call or see the individual library page for information on its accessibility.


    Barnstable                              Lawrence                                   Salem
Barnstable Law Library                   Lawrence Law Library                      Essex Law Library
1st District Courthouse                  2 Appleton Street                         56 Federal Street
Barnstable, MA 02630                     Lawrence, MA 01840                        Salem, MA 01970
(508) 362-8539                           (978) 687-7608                            (978) 741-0674
Fax: (508) 362-1374                      Fax: (978) 688-2346                       Fax: (978) 745-7224
barnstablelawlibrary@gmail.com           LawrenceLawLibrary@yahoo.com              richard.adamo46@gmail.com
Mon.-Fri. 8:30-4:30                      Mon.-Fri. 8:30-4:30                       Mon.-Fri. 8:00-4:00

Brockton                                    Lowell                                    Springfield
Brockton Law Library                     Lowell Law Library                        Hampden Law Library
Superior Courthouse                      Superior Courthouse                       Courthouse
72 Belmont Street                        360 Gorham Street                         50 State Street
Brockton, MA 02301                       Lowell, MA 01852                          Springfield, MA 01101
(508) 586-7110                           (978) 452-9301                            (413) 748-7923
Fax: (508) 588-8483                      Fax: (978) 970-2000                       Fax: (413) 734-2973
brocklaw72@hotmail.com                   lowlaw@meganet.net                        hampdenlawlibrary@yahoo.com
Mon.-Fri. 8:30 -4:00                     Mon.-Fri. 8:30-4:30                       Mon.-Fri. 8:00-4:00

   Dedham                                New Bedford                                   Taunton
Norfolk Law Library                      New Bedford Law Library                   Bristol Law Library
649 High St, Suite 210                   Superior Courthouse                       Superior Courthouse
Dedham, MA 02026                         441 County Street                         9 Court Street
(781) 329-1401                           New Bedford, MA 02740                     Taunton, MA 02780
Fax: (781) 329-1404                      (508) 992-8077                            (508) 824-7632
norfolklawlibrary@hotmail.com            Fax: (508) 991-7411                       Fax: (508) 824-4723
Mon.-Fri. 8:30-4:30                      jane.callahan@verizon.net                 bristollawlibrary@yahoo.com
                                         Mon.-Fri. 8:30-4:30                       Mon.-Fri. 8:00-4:00
    Fall River
Fall River Law Library                      Northampton                               Woburn
186 South Main Street                    Hampshire Law Library                     Middlesex Law Library
Fall River, MA 02721                     Courthouse                                Courthouse
(508) 491-3475                           99 Main Street                            200 TradeCenter, 3rd Fl.
Fax: (508) 491-3482                      Northampton, MA 01060                     Woburn, MA 01801
fallriver.lawlib@verizon.net             (413) 586-2297                            (781) 939-2920
Mon.-Fri. 8:30-4:30                      Fax: (413) 584-0870                       Fax: (781) 939-0874
                                         hampshirelawlibrary@gmail.com             midlawlib@yahoo.com
Fitchburg                                Mon.-Fri. 8:30-4:30                       Mon.-Fri. 8:45-4:30
Fitchburg Law Library
Superior Courthouse                          Pittsfield                               Worcester
84 Elm Street                            Berkshire Law Library                     Worcester Law Library
Fitchburg, MA 01420                      Courthouse                                184 Main St.
(978) 345-6726                           76 East Street                            Worcester, MA 01608
Fax: (978) 345-7334                      Pittsfield, MA 01201                      (508) 831-2525
peter.anderegg@verizon.net               (413) 442-5059                            Fax: (508) 754-9933
Mon.-Fri. 8:30-4:30                      Fax: (413) 448-2474                       worcesterlaw@yahoo.com
                                         berkshirelawlib@hotmail.com               Mon.-Fri. 9:00-4:00
Greenfield                               Mon.-Fri. 8:30-4:30
Franklin Law Library
Courthouse                                  Plymouth
425 Main Street                          Plymouth Law Library
Greenfield, MA 01301                     52 Obery Street, Suite 0117
(413) 772-6580                           Plymouth, MA 02360
Fax: (413) 772-0743                      (508) 747-4796
                                         Fax: (508) 746-9788
                                         plymouthlawlibrary@hotmail.com
                                         Mon.-Fri. 8:30-4:30
                             EXHIBIT   2


                   COMMONWEALTH OF MASSACHUSETTS

                                     SUFFOLK SUPERIOR COURT
                                     SUCV2006-00000

                             MARY MOE
                                v.

                      BOSTON GENERAL HOSPITAL
                          NOTICE OF APPEAL

     Mary Moe gives notice that she appeals from the judgment
which entered against her on July 16, 2008.



                              Mary Moe
                             123 Main Street
                             Boston, MA 02108
                             617-555-1234
                            EXHIBIT 3

                  COMMONWEALTH OF MASSACHUSETTS
                          APPEALS COURT

                                         [A.C. DOCKET NO.]

                       [Appellant's Name]
                          Appellant(s)
                                vs.
                       [Appellee's Name]
                          · Appellee(s)


                     CERTIFICATE OF SERVICE

I hereby certify, under the penalties of perjury, that I have
made service, on this date, of the following listed documents:


     [List each document being served]

Service was made upon counsel for each other party

     [Identify manner of service: by hand or by depositing in the
     post officer with first-class postage prepaid or other method
     of service.]
addressed as follows:

     [For each attorney or party served, include the name, firm,
     address with zip code, and indicate for which party that
     attorney appears]



                          [Signature]
                         Printed Name of Party Serving Documents
                         Address
                          Telephone Number
                            EXHIBIT 4
                      TABLE OF AUTHORITIES

                             Cases

Massachusetts Cases

Commonwealth v. Barbosa,
457 Mass. 773 (2010) ............................ i,   18
Commonwealth v. Beneficial Fin. Co.,
360 Mass. 188 (1971) ...............................   36
Commonwealth v. Camerano ,
42 Mass. App. Ct. 363 (1997) .......................   36
Commonwealth v. Cantres,
405 Mass. 238 (1989) ...............................   36
Commonwealth v. Chappee,
397 Mass. 508 (1986) ................... 27, 32, 33,   34
Commonwealth v. Conceicao,
388 Mass. 255 (1983) ...............................   37
Commonwealth v. Costa,
55 Mass. App. Ct. 901 (2002) .......................   35
Commonwealth v. Giontzis,
47 Mass. App. Ct. 450 (1999) ........... 26, 27, 28,   31
Commonwealth v. Gray,
423 Mass. 293 (1996) ...............................   40
Commonwealth v. Labitue,
49 Mass. App. Ct. 913 (2000) ................ 4, 38,   39
Commonwealth v. Lapka,
13 Mass. App. Ct. 24 (1982) ........................   27
Commonwealth v. Marrero,
436 Mass. 488 (2002) ...............................   32
Commonwealth v. Molina,
454 Mass. 232 (2009) ...............................   31
Commonwealth v. Munoz,
461 Mass. 126 (2011) ................ i, 16, 17, 18,   24

Federal Cases

United States v. Dege,
364 U.S. 51 (1960) .......................... 3, 37, 38

Rules

Mass.R.App. P. 16(a) (4) ............................ 40
Mass.R.App. P. Rule 16(b) ............................ 4
Mass.R.Crim. P. 14 (c) ............................ 26
                                    EXHIBIT 5




            MASS. R AP. 16(k) CERTIFICATE OF COMPLIANCE



      I, _____________________________________________, hereby certify that

   the foregoing brief complies with the rules of court that pertain to the filing of briefs,
  including, but not limited to:


Mass. R. A. P. 16(a)(6) (pertinent findings ·or memorandum .of decision);
Mass. R. A. P. 16(e){references to the record);
Mass. R.A. P. 16(f) (reproduction of statutes, rules, regulations);
Mass. R. A. P. 16(h) (length of briefs);
Mass. R. A. P. 18 (appendix to the briefs); and
Mass. R.A.P. 20 (form of briefs, appendices, and other papers).




                                          Signature


                                         Printed Name



                                         Address
                                MASSACHUSETTS APPEALS COURT
                        CHECKLIST FOR PREPARATION OF BRIEF AND APPENDIX


COVER                                                                                                   Mass.R.A.P.

Color: Appellant-Blue, Appellee-Red, Reply-Grey, Intervener/Amicus-Green                                20(a)

Name of the court and number of the case; Title of the case; Nature of the proceeding in the court;     20(a)
and name of court, agency, or board below

Attorney's name, address, BBO number, telephone number, and email address                               20(a)

Title of Document (i.e. Appellant's Brief, Appellee Brief, Appellant's Reply Brief)                     20(a)

If the case is impounded, the cover must clearly indicate impoundment status (i.e. IMPOUNDED)           16(m)


FORMAT                                                                                                  Mass.R.A.P.

Securely bound on the left hand side                                                                    20(a)

Page limit: Appellant/Appellee Briefs = 50 Pages; Reply Brief = 20 Pages. Page limits do not            16(h)
include tables of contents or authorities, addendum, or signature page of the filing party

Black ink, double spaced, 8.5"x11" White paper, monospaced font not exceeding 10.5 characters per       20 and Reporter's
inch. (Such as this text: Courier New size 12)                                                          notes 1999 (11-2)
Footnotes must use the same font & size.

Pages may be double sided (not required)                                                                20(a)(4)

1.5 inch margins on the left and right, and 1 inch margins on the top and bottom of the page            20(a)(1)


CONTENTS                                                                                                Mass.R.A.P.

Corporate Disclosure Statement on possible judicial conflict of interest. (Even if already filed, the   S.J.C. Rule 1:21
party's principal brief must include the statement before the table of contents.)

Table of Contents with page references                                                                  16(a)(1)

Table of Authorities including cases alphabetically arranged with page references, statutes and other   16(a)(3)
legal authorities.

Citations are to the official Massachusetts Reporter Volumes                                            16(g)

Statement of Issues (Appellee only needs to include if dissatisfied with Appellant Statement of         16(a)(2)
Issues)

Statement of the Case with page references to Record Appendix (Appellee to include only if              16(a)(3)
dissatisfied with Appellant's Statement)

Summary of the Argument with page references to the argument section(only if the argument               16(a)(4)
exceeds 24 pages)

Argument section contains a legal argument addressing issues, supported by legal authority              16(a)(4)

Conclusion: A concise statement of the relief requested from the court                                  16(a)(3)

An addendum (attached to the brief) containing copies of any cited statutes, rules, regulations,        16(f)
ordinances, and of the judgment or order at issue on appeal.

Pseudonyms or initials for the names of impounded parties                                               16(m)

Certificate of compliance must be at the last page of every brief                                       16(k)
        FILING & SERVICE                                                                                          Mass R.A.P.

        Brief Due - APPELLANT - 40 days after entry of appeal; APPELLEE - 30 days after service of                19(a)
        Appellant brief; REPLY - 14 days after service of Appellee brief

        7 copies must be filed with the court, 2 copies served to each opposing party, and at least 1 copy kept   19(b)(1)
        for self

        You may hand deliver OR mail the copies to the court and opposing parties                                 19(a)&(b) (1)

        A certificate of service, showing service upon the opposing counsel with the date and manner of           13
        service must be filed with every filing, and the name and address of the person served must be filed
        with the Appeals Court at the time the brief is filed with the court, signed under penalties of perjury

        The Clerk's Office requests that the certificate of service be filed as a separate document, not bound
        in the brief

        DCF APPEALS ONLY- In addition to 7 copies of the brief and record appendix, the parties shall
        submit 1 unbound single-sided paper copy

CALCULATION OF TIME FOR FILING: The appellee's brief is due 30 days after service of the appellant's brief, and a
reply brief is due 14 days after service of the appellee's brief- M.R.A.P 19 (a). If the brief is served by mail, 3 days are added to
the due date of the responsive brief - M.R.A.P. 14 (c). If the due date for a brief falls on a Saturday, Sunday, or legal holiday,
the brief will be due on the next business day - M.R.A.P. 14 (a). For purposes of determining due date, service is complete the
date the opposing party mails the brief - M.R.A.P. 13 (c).


     RECORD APPENDIX                                                                                              Mass R.A.P.

     A copy of the lower court docket                                                                             18(a)(1)

     The first pleading filed in the case                                                                         18(a)(2)

     A copy of any pleading that you refer to in your brief                                                       18(a)(4)

     A copy of the judgment or order that you are appealing (in addition to the copy included in the              18(a)(3)
     addendum attached to your brief) and any order of impoundment/confidentiality.

     If bound separately from your brief, the Appendix needs a white cover                                        20(a)

     Cover: name of court and number of the case; title of the case; nature of the proceeding in the court;       20(a)
     and name of court, agency, or board below

     Table of contents that identifies each document and lists page number (i.e. A1 or R2 etc.)                   18(d)

     Every page of the appendix must be numbered consecutively                                                    18(d)

     Each document shall be ordered in chronological order as filed in the trial court                            18(d)

     Not more than 1.5 inches thick. If it is, it must be broken into separate volumes                            20(a)

     If entire case is impounded, the cover must clearly indicate that the record appendix is impounded. If       18(g)
     only some of the documents are impounded, create a separate volume and label it clearly as impounded

     7 Copies must be filed with the court, 2 copies served to each opposing party, and at least 1 copy kept      19(b)(1)
     for self

     You are allowed to divide exhibits and transcripts into separate volumes. If you do this, file 5 copies of   18(e)(1)
     the exhibits and serve 1; file 2 copies of transcripts and serve 1

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:2/23/2013
language:English
pages:24
Umesh Heendeniya Umesh Heendeniya Computer Systems Administrator http://www.heendeniya.com
About I have a B.Sc. in Computer Science. I'm a honorably discharged former U.S. Marine. Currently, I'm a Law Student.