Clerk's Guide - Motion Practice
A statement of the required form of motions is found in Rule 20(b) of the Massachusetts Rules of Appellate Procedure.
Motions must be served and filed in accordance with Rule 13.
Motions are referred for disposition to a single justice, or if the appeal has been argued or placed on a non-argument list, the motion is referred to the panel assigned to decide the appeal.
Motions for enlargement of time must be supported by a showing of good cause for the time requested. Rule 14(b). Neither need for review of brief by CPCS mentor nor mere assent by opposing counsel constitute good cause.
Appeals Court Policy On Enlargements of Time
Beginning October 1, 1998, and excluding child welfare cases, it shall be the policy of the Appeals Court, implemented through the clerk's office and the single justice, with respect to motions to enlarge the time for filing briefs prescribed by Mass.R.A.P. 19 (a), to grant no more than one motion for enlargement of time per side, the enlargement being sought not to exceed 120 days, and then only on the basis of an affidavit of counsel 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.
Motions for procedural orders may be acted upon without awaiting a response, Rule 15(b). If an opposition is received after a motion has been acted upon, the opposition is treated as a motion for reconsideration.
If a motion, such as a motion to strike, is referred to the panel assigned to decide the appeal, there will not be action on that motion until the appeal is decided.
Stipulations of dismissal are governed by Rule 29, which is specific in its requirements. The dismissal must be with prejudice and without costs to any party.
In civil cases, only the appellant has the right to file an appendix, Rule 18(a). If an appellee wishes to supplement the appendix on file, a motion for leave to file a supplemental appendix must be filed supported by an affidavit of counsel that the documents sought to be included are part of the record below.
Motions for attorney's fees and costs are governed by Rule 26.
A party must affirmatively request attorney's fees in its brief, see Yorke Management v. Castro, 406 Mass 17 (1989) and Fabre v. Walton, 441 Mass. 9 (2004).