Appeals Court Informal Brief Pilot Program

This page describes the Appeals Court's Informal Brief pilot program. Below in the "Additional Resources" section, the page also provides forms for self-represented ("pro se") parties to download and use when creating informal briefs and record appendix documents.

Informal Brief Pilot Program for Self-Represented ("Pro Se") Parties

The Appeals Court is launching an optional pilot program for cases entered on the court’s “panel” docket, for decision by a panel of Justices.  The program permits self-represented (“pro se”) parties to file an “informal” brief instead of a formal brief that strictly complies with the Massachusetts Rules of Appellate Procedure, which is what the Appeals Court typically requires.  This pilot program does not apply in the single justice session of the Appeals Court, or to attorneys, whether they are representing themselves or responding to an informal brief.

An informal brief is different from a formal brief in that it does not need a table of contents, table of authorities, corporate disclosure statement, summary of argument, or addendum, or need to comply with the standard rules regarding margins, font, and the certificate of compliance.  An informal brief does, however, still need to comply with the rules about impounded and confidential information.

In a panel case (those where the Appeals Court case docket number includes a “P” after the year when the case was docketed), a self-represented appellant (appealing party) or self-represented appellee (responding party) may file an informal brief and record appendix, and a self-represented appellant may file an informal reply brief.  To file an informal brief, complete the applicable form provided by the Clerk of the Appeals Court here on this web page.  Forms for the informal brief of the appellant, appellee, and appellant’s reply are provided, as are forms for an informal record appendix/supplemental appendix and an impounded record appendix.  Guidance for filing an informal brief and appendix is provided below.  Any informal brief must comply with the maximum length limit, which is thirty (30) pages for the appellant’s brief, thirty (30) pages for the appellee’s brief, and fifteen (15) pages for the appellant’s reply brief.  An informal brief that does not comply with the applicable form provided by the Clerk will not be accepted for filing until the filer corrects it.

The pilot program is expected to operate for one year, until September 30, 2024, after which the Appeals Court will evaluate it.

Informal Brief Guidance

(a)  Purpose.  This pilot program simplifies filing procedures for self-represented (“pro se”) parties, promoting fair and efficient resolution of appeals that otherwise might be delayed or dismissed.

(b)  Availability.  In any case that has been assigned to a panel of Justices, any self-represented party who is not an attorney may file an informal brief using the form provided by the Clerk of the Appeals Court instead of filing the formal brief required by the Massachusetts Rules of Appellate Procedure (Mass. R. A. P.).  This includes the brief of an appellant, appellee, or an appellant’s reply brief.  An appellant must also file an informal record appendix, which is described in section (d).  

Attorneys are excluded from this pilot and cannot file an informal brief, whether they are representing themselves or responding to an informal brief.

(c)  Form and content of informal brief (applicable to appellant’s brief, appellee’s brief, and appellant’s reply brief).

1. Compliance with forms.  For a party to be exempted from technical compliance with the formatting and content requirements of the Mass. R. A. P., an informal brief must be prepared using, or look just like, the applicable pilot form provided by the Clerk.

2. Factual statements.  An informal brief must describe all the facts in the case that are relevant to the issues raised on appeal.  Any factual statement must be followed by a “citation” to the record appendix described in section (d), which means a statement or abbreviation showing the Appeals Court the specific page(s) in the record appendix or transcript(s) where evidence of that fact is found.

Citations can be described using any abbreviations as long as they are clear and understandable (example, “Transcript 10/15/22 at pg 5”; “Apx at 25”; “Exhibit #2 at pg 5”).   The party may not cite generally to an entire document by name or exhibit number without referring to specific page(s) of that document unless the document or exhibit is a single page.

The Appeals Court does not have to consider any fact that is not supported by a citation to evidence in the record appendix or transcript(s).

3. Argument.  An informal brief must include “adequate appellate argument,” which means that all issues the party wants to present to the Appeals Court are listed in the brief, and, for each issue, there are citations to supporting law in cases (preferably from Massachusetts), statutes, regulations, court rules, constitutional provisions, or other legal authorities.

The Appeals Court does not have to consider any argument that is not discussed in the brief or that lacks legal or factual support.

4. Confidential and impounded information.  The person filing an informal brief is not excused from complying with Mass. R. A. P. 16 (d) or 16 (m) and is responsible for removing information from the brief that is identified as impounded or confidential under a statute, court rule, or court order.  For example, the names of victims in sexual assault cases are always impounded.  Initials or descriptive terms like “victim” may be used to refer to such individuals.

5. Length.  An informal brief may not exceed the length limitations listed on the form provided by the Clerk, which is thirty (30) pages of double-spaced text for an appellant’s brief, thirty (30) pages of double-spaced text for an appellee’s brief, and fifteen (15) pages of double-spaced text for a reply brief.  Courier, Courier New, or any other monospaced font may be used, but the font may not be smaller than 12-point.  The pilot forms use Courier New 12-point font.  Page numbering begins on the first page of the brief as shown on the form.

A certificate of compliance as to length and font is not required at the time of filing an informal brief, but may be required later if ordered by the Appeals Court.

6. Addendum.  A party filing an informal brief does not need to provide the addendum required by Mass. R. A. P. 16 (a) (13), but an addendum may be required later if ordered by the Appeals Court.

(d)  Record appendix.

1. Appellant’s obligation.  An appellant’s informal brief must be accompanied by a record appendix containing copies of all documents filed in or issued by the lower court or agency that are relevant to the issues raised in the appeal unless the documents contain impounded information.  This includes copies of any documents referenced in the informal brief.  There is a special procedure for filing impounded information that is described in section (d) (4), below.

Examples of documents to include in the record appendix include the trial court docket sheet; order(s), judgment(s), or ruling(s) of the judge or agency that are being challenged, including any findings of fact or memorandum of decision issued by the judge or agency, or a jury’s verdict slip(s); copies of relevant exhibits filed in the lower court or agency, or relevant motions, memoranda, pleadings or other documents filed by the party filing the informal brief or the other party or parties to the case.

In civil cases, the appellant is also responsible for including any relevant transcripts.  In criminal cases, the transcripts will be provided directly to the Appeals Court if the party ordered them.  The Appeals Court does not have to consider arguments that rely on materials the parties did not include in a record appendix or transcript(s).  The Appeals Court will not consider anything that was not presented to the trial court judge or agency.

2. Format.  The record appendix must be filed as a separate document apart from the informal brief.  The record appendix must have consecutive page numbers that begin with the cover as page one, and it must include a table of contents that lists each document in the record appendix by title and the page on which it begins.

3. Supplemental record appendix.  In any case where an appellant has filed an informal brief, any appellee (including an appellee who is self-represented or represented by counsel) is automatically granted leave of the Appeals Court ordinarily required by Mass. R. A. P. 18 (b) (5) to file a record appendix, which will be called the “supplemental appendix.”  The page numbers of the supplemental appendix must be consecutive with the cover page being page one, and there must be a table of contents listing each document in the supplemental appendix by title and the page on which it begins.

The appellee is not required to file a supplemental appendix unless the appellee’s brief cites to documents or testimony that were not included in the appellant’s record appendix or transcript(s) but were before the trial court or agency.  An appellee’s supplemental record appendix is limited to materials that are part of the trial court or agency record, but an appellee may include materials already provided in the appellant’s record appendix.

An appellant filing an informal reply brief may not include a supplemental record appendix with the reply brief.

4. Impounded material.  A person filing a record appendix or supplemental appendix under this pilot program is not excused from complying with Mass. R. A. P. 18 (d).  If an appellant’s record appendix or an appellee’s supplemental appendix will contain impounded documents or information, the appellant or appellee must file those documents in a separate volume of appendix with a cover stating that the volume “Contains Impounded Material.”  For example, a financial statement filed in a domestic relations case, or an entire guardian ad litem report, is impounded.  The impounded volume must have consecutive page numbers with the cover page being page one and a table of contents listing each document it contains and the page on which it begins.  Please note that any information or document that was impounded in the trial court will continue to be impounded in the Appeals Court. 

On any document that does not appear in an impounded appendix, confidential and personal identifying information (PII) must be “redacted,” which means blacked out so the information cannot be seen.  Examples of PII are Social Security numbers, taxpayer identification numbers, driver’s license numbers, State-issued ID card numbers, passport numbers, financial account numbers, and credit or debit card numbers.

(e)  Due date.  The dates for filing a formal brief and record appendix that are listed in Mass. R. A. P. 19 also apply to informal briefs and appendices filed under this pilot program.  A party seeking an extension of time to file an informal brief must serve and file a motion to extend the due date until a specific date, which must be stated in the motion, and must receive the Appeals Court’s approval.  An appeal can be dismissed for failure to comply with the Appeals Court’s filing deadlines. 

The Appeals Court has coordinated with the Suffolk University Law School’s Legal Innovation and Technology Lab (“LIT Lab”) to create guided forms to assist filers in filing motions, including a motion to extend the due date of a brief.  To visit the LIT Lab “motion for extension of time” form page, see: https://apps.suffolklitlab.org/start/appeal_enlarge_time/

(f)  Filing and service.  An informal brief and accompanying record appendix and transcript(s) may be electronically served and filed at https://massachusetts.tylertech.cloud/OfsWeb, or may be served and filed on paper.

If paper-filed, only one original or copy of the informal brief and accompanying record appendix and transcript(s) is required to be filed with the Appeals Court. 

An informal brief and any appendix must be accompanied by a “Certificate of Service” showing that at least one copy of the informal brief and any accompanying record appendix was sent to each separately represented or self-represented party to the appeal at the time when the party submitted them for filing in the Appeals Court.

(g)  Formal briefing may be required.  At any time after an informal brief has been filed, the Appeals Court may require supplemental or formal briefing in compliance with the Mass. R. A. P. if the Appeals Court determines that additional briefing is necessary to decide the issues raised.

Additional Resources

Informal Appellant Brief Form

Informal Appellee Brief Form

Informal Reply Brief Form

Informal Record Appendix Form

Impounded Record Appendix Form for Informal Brief Pilot