Appeals Court Rules

Appeals Court Rules  Appeals Court Rule 6.0: Motions for stay or injunction pending appeal filed pursuant to Mass. R. A. P. 6

Adopted Date: 03/05/2020
Effective Date: 07/01/2024
Updates: Adopted March 5, 2020, effective July 1, 2020 Amended May 7, 2024, effective July 1, 2024

Adopted from former Appeals Court Standing Order Governing Motions to Stay a Judgment or Execution of Sentence Filed Pursuant to Mass. R.A.P. 6.

Table of Contents

(a) Motion; form

A motion pursuant to Mass. R. A. P. 6, "Stay or Injunction Pending Appeal," shall include, in the following order:

  • (1)  a request for relief, which shall state briefly the nature and date of entry of the judgment, order, or sentence from which an appeal has been taken and the name of the judge who entered it;
  • (2)  the text of the order and rationale of the trial court judge allowing or denying relief or, if no such motion was filed in the trial court, a showing why filing such a motion in the trial court was not practicable;
  • (3)  a statement of the issues of law raised by the motion;
  • (4)  a statement of the specific relief requested; and
  • (5)  an addendum containing copies of the judgment or order, notice of appeal, and the trial court's order allowing or denying the motion for a stay (including a typed version of any pertinent handwritten or oral endorsement, notation, findings, or order made by the lower court).

The motion shall not exceed 5 pages of text in monospaced font or 1,000 words in proportional font compliant with Mass. R. A. P. 20(a)(4)(A)-(C) without leave of the court. References to the parties in the motion shall be by the designation of the party in the trial court (e.g., "plaintiff," "defendant," "third-party defendant," etc.).

(b) Supporting memorandum of law

The motion shall, unless otherwise ordered, be accompanied by a memorandum of law in support of the movant's position, with citations to appropriate authorities and a statement why relief is appropriate. The memorandum shall not exceed 15 pages of text in monospaced font or 3,500 words in proportional font compliant with Mass. R. A. P. 20(a)(4)(A)-(C) without leave of the court. The argument shall make reference to those portions of the record which are directly relevant to the issues raised by the motion.

(c) Record appendix

(1) Contents.

(i) Generally.

A record appendix shall accompany the motion and memorandum of law and shall include a current copy of the lower court docket entries and all relevant parts of the lower court record, including, but not limited to, the lower court judge's decision and reasoning and all filings and information submitted to the lower court in connection with the motion, including relevant filings by the other party or parties.

(ii) Criminal cases.

In criminal cases, a copy of the defendant's criminal history, if any, shall be filed in a separate record appendix volume, which shall be clearly designated as impounded on the cover.

(iii) Transcripts.

A transcript need not accompany the motion unless oral findings and rulings were placed on the record by the lower court judge. If it is not practicable to timely obtain the transcript, the movant may substitute an audio recording of the hearing or an affidavit from counsel setting out the judge’s oral findings and rulings until the transcript is prepared.

(2) Form. 

Each volume of the record appendix shall be consecutively numbered starting with the cover or first page as page 1 followed by a table of contents that lists each document contained therein and the page on which it appears.

(d) Response; form

The non-moving party or parties to the case may, but need not, file and serve a response thereto setting forth reasons why the motion should or should not be granted. The response shall not exceed 15 pages of text in monospaced font or 3,500 words in proportional font compliant with Mass. R. A. P. 20(a)(4)(A)-(C) without leave of court. The response shall not restate matters contained in the motion unless the responding party is dissatisfied with the statement thereof contained in the motion. The response may be accompanied by a supplemental record appendix containing such additional portions of the record as were before the trial court and are necessary for adjudication, and which the movant failed to include in its record appendix.

(e) Response; timing

(1)

For motions filed in all civil matters and in criminal matters entered in the Appeals Court's single justice session (i.e., prior to the entry of an appeal pursuant to Mass. R. A. P. 10[a][1] or [2]), the other party or parties to the case may, but need not, file and serve a response thereto within 7 days after service of the motion (10 days if the movant's certificate of service required under Appeals Court Rule 6.0[f] shows service by first-class mail or its equivalent [as defined by Mass. R. A. P. 1(c)]), or such other time as the court may direct.

(2)

For motions filed in criminal appeals subsequent to the entry of and during the pendency of a direct or collateral appeal in the Appeals Court, the time limit for a response is governed by the provisions of Mass. R. A. P. 6(c)(2)-(3).

(3)

For motions filed in civil appeals entered pursuant to Mass. R. A. P. 10(a)(1) the other party or parties to the case may, but need not, file and serve a response thereto within 7 days after the service of the motion (10 days if the movant's certificate of service required under Appeals Court Rule 6.0[f] shows service by first-class mail or its equivalent), or such other time as the court may direct.

(f) Filing; service; required certificate(s)

(1)

The motion, memorandum of law, record appendix, and any subsequently filed response and supplemental record appendix shall be filed electronically if the filing party is represented by counsel. A motion to waive the mandatory electronic filing requirement may be made in accordance with M.A.C. Rule 13.0(f). Self-represented litigants may file electronically, or may file a single paper original or duplicate in the office of the Clerk of the Appeals Court.

(2)

Service may be personal, by first-class mail or its equivalent, or electronically with the consent of the person served. Personal service includes delivery of the copy to a clerk or other responsible person at the office of the party's counsel. Service by first-class mail or its equivalent is complete on mailing. Registration for and use of the electronic filing system constitutes consent to electronic service, and such service is complete upon e-filing.

(3)

All filings, whether filed electronically or on paper, shall include a certificate of service. The certificate of service shall indicate service on all other parties in the case, and the appropriate trial court clerk's office from which the matter arose. The certificate of service shall set forth the name, address, email address, and telephone number of counsel or other persons upon whom service has been made, and specify the date and manner of service. The certificate of service shall identify the name of each party represented by counsel and specify the counsel who represents each party.

(4)

If a motion and supporting memorandum of law or a response is produced in a proportional font, an additional certificate of compliance with the length limit(s) is required and must include the name and size of the proportionally spaced font used, the number of non-excluded words, and the name and version of the word-processing program used.

(g) Impounded or confidential information

If the trial court entered an order impounding, sealing, or excluding from public access all or any portion of the trial court records, or there is material or information in a party's motion, addendum, memorandum, or any appendix that is automatically impounded or deemed confidential by statute or court rule, the parties shall comply with Mass. R. A. P. 16(d), 16(m), and 18(d). See G. L. c. 265, § 24C. The parties shall comply with Supreme Judicial Court Rule 1:24, Protection of Personal Identifying Information in Publicly Accessible Court Documents in all filings to the Appeals Court.

(h) Hearing

The single justice has discretion to determine whether a hearing shall be held.

Downloads   for Appeals Court Rule 6.0: Motions for stay or injunction pending appeal filed pursuant to Mass. R. A. P. 6

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