Content. The brief of the appellant shall contain under appropriate headings and in the order here indicated:
A statement of the issues presented for review;
- A statement of the case, which shall first indicate briefly the nature of the case, the course of proceedings and its disposition following conference and hearing. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record;
- The argument, which shall contain the contention of the appellant with respect to the issues presented, supporting rationale and citations to the authorities, statutes, rules, regulations and parts of the record on which the party relies. The Reviewing Board need not decide questions or issues not argued in the brief. If oral argument is permitted nothing argued in the brief shall be deemed to be waived by a failure to argue the issue orally;
- A short conclusion stating the precise relief sought; and
- The names, addresses and telephone numbers of counsel and their firms.
- Statutory Provisions. If determination of the issues presented requires consideration of statutory provisions, rules or regulations, or when an appeal involves the application of amendments to MGL c. 152, the parties shall reproduce all relevant sections of the original act and any later amendments, including all provisions regarding applicability and effective dates.
- Citations. References to decisions and other authorities shall include, in addition to the page at which the decision or section begins, a page reference to the particular material on which reliance is placed, and the year of the decision or other authority.
- Amicus Curiae. An amicus curiae shall notify the Reviewing Board of its intention to file a brief.
- Response Briefs. The brief of the appellee, cross-appellant, or amicus curiae shall conform to 452 CMR § 1.15(4)(a) with the exception that a statement of issues shall not be made unless the appellee or amicus curiae is dissatisfied with the statement of the appellant.
- Designation of Parties. In their briefs and oral arguments, counsel shall keep to a minimum references to parties by such designations as "appellant" and "appellee," instead using the designation used in the administrative judge's decision, the actual names of the parties, or descriptive terms such as "the employee," "the employer," and "the insurer."
- Time For Filing. Appellant shall file its brief 30 days after receipt of notification from the Reviewing Board that it is due. The appellee, cross-appellant or amicus curiae shall file its brief within 20 days of receipt of the appellant's brief. A reply brief may be filed by the appellant 20 days thereafter. No further briefs shall be filed without leave of the Reviewing Board. When there are cross-appeals, the party that files its appeal first shall be considered the appellant for the purposes of complying with the time requirements for the filing of briefs.
- Extension of Time. A request for an extension of time to file a brief shall be filed in writing with the Reviewing Board and shall state the length of extension requested and the specific reason for the request.
- Copies of Briefs. The original and four copies of each brief shall be filed with the Reviewing Board unless the Reviewing Board by order shall direct a different number to be filed. One copy shall be served by mail or in hand on counsel for each party or on each unrepresented party.