District/Municipal Courts Rules for Appellate Division Appeals

District/Municipal Courts Rules for Appellate Division Appeals  Rule 20: Forms of briefs, appendices and other papers

Effective Date: 07/01/1994

Table of Contents

(a) Form of briefs and appendices

Except where a party is allowed to proceed in forma pauperis, or except on order of the Appellate Division, all briefs and appendices shall comply with (a)(1) or (2) below.

(1) Form of Printed Briefs and the Appendix. Briefs and appendices may be produced by standard typographic printing or by any duplicating or copying process which produces a clear black image on white paper. Carbon copies of briefs and appendices may not be submitted without permission of the Appellate Division, except as otherwise provided. All printed matter must be printed upon opaque paper having a dull surface; the text shall be in clear type, not smaller than eleven-point, with three-point leads between lines; but indented quotations may be set without leads; and in footnotes ten-point type with one-point leads between lines may be used; the width of the type page shall not exceed five inches. All matter to be reproduced by Xerography or a similar process shall be typed in pica type, double-spaced. However produced, the page shall be eight and three-eighths or eight and one-half inches in width and ten and three-fourths or eleven inches in height. The width of the back margin, from the type page to the center fold, shall not be less than two inches. Pages shall be firmly bound at the left by saddle-wiring, side-wiring, stapling, or sewing. If side-wired or sewed, a strong paper cover shall be used. A transcript of testimony or a report of evidence may be printed as part of the appendix or may be reproduced by Xerography or a similar process.

The front covers of the briefs and/or appendices, if separately produced, shall contain: (1) a designation of the Appellate Division district; (2) the title of the case; (3) the nature of the proceeding in the Appellate Division (e.g., Appeal; Report by Trial Judge) and the name of the trial court and case and the trial court docket number; (4) the title of the document (e.g., Brief for Appellant, Appendix); and (5) the names, addresses and telephone numbers of counsel representing the party on whose behalf the document is filed.

(2) Typewritten Briefs and Appendices. Briefs and appendices may be typewritten upon opaque paper having a dull surface. The typewriting shall be double-spaced except for indented quotations which may be single-spaced, and appear on only one side of each page. The paper shall be eight and one-half inches in width and eleven inches in length. Briefs shall be signed by counsel. A transcript of testimony or a report of evidence may be typewritten as part of the appendix or may be reproduced by Xerography or a similar process.

(3) Non-compliance. Briefs or appendices not in substantial compliance with these rules shall not be received unless the court shall otherwise order.

(b) Form of other papers

Motions and other papers may be produced in the manner prescribed by subdivision (a)(1) or (2) above. Consecutive sheets shall be attached at the left margin. Carbon copies may be used for filing and service if they are legible.

A motion or other paper addressed to the Appellate Division shall contain a caption setting forth a designation of the Appellate Division district, the name of the trial court and case and the trial court docket number, and a brief descriptive title indicating the purpose of the paper; said caption shall appear on the first page, typed so as to be legible.

Commentary

The contents of this rule are essentially the same as those of Mass. R.A.P. 20, except that a separate section, (a)(2), has been added to expressly provide for typewritten briefs and appendices.

The requirements for the form of "other papers" in section (b) have been simplified, with reference to the sections (a)(1) and (2) regarding the requirements for printing or typewriting, respectively.

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