Guide to Civil and Criminal Panel Appeals

This Guide provides a step-by-step overview of the civil and criminal panel appeals process in the Massachusetts Appeals Court. It is designed primarily for self-represented litigants and explains the key stages of an appeal, including filing a notice of appeal, assembling the record, preparing briefs and appendices, and understanding what happens after an appeal is docketed. The Guide is organized in the order that most appeals proceed and highlights important deadlines, required filings, and responsibilities of both appellants and appellees. It also includes information about optional procedures, such as the Informal Brief Pilot Program, and guidance on electronic filing.

This Guide was prepared to help you work through the appeals process. It is not exhaustive and is not a substitute for reading and understanding the Massachusetts Rules of Appellate Procedure and the Massachusetts Appeals Court Rules.  If you have questions about your appeal that are not addressed in this Guide, you may contact the Appeals Court Clerk’s Office, where a staff member can assist you with procedural questions. Please be advised, however, that court employees are not permitted to recommend legal counsel or to provide legal advice.  You may also visit the Appeals Court's website for guidance and information about most topics.  If you are seeking relief from a Single Justice of the Appeals Court, please visit the Appeals Court's website on Single Justice Practice.

About this guide

About this guide

This guide was prepared to help you work through the appeals process. It is not exhaustive and is not a substitute for reading and understanding the Massachusetts Rules of Appellate Procedure and the Massachusetts Appeals Court Rules. If you have questions about your appeal that are not addressed in this guide, you may call the Appeals Court Clerk’s Office and a staff member will assist you. Court employees, however, are not permitted to recommend legal counsel or to provide legal advice. You may also visit the Appeals Court website for guidance on most topics. If you are seeking relief from a Single Justice of the Appeals Court, please visit the Single Justice Practice page.

Helpful resources and links

• Massachusetts Rules of Appellate Procedure
• Massachusetts Appeals Court Rules
• Massachusetts Appeals Court forms
• Brief template (DOCX) — a Microsoft Word template pre-formatted to comply with the rules.
• Record Appendix template (DOCX) — a Microsoft Word template pre-formatted to comply with the rules.
• Certificate of Service (DOCX)
• Court Forms Online (MassAccess) — prepare a civil docketing statement, a motion to enlarge time to file your brief, and other motions online.
• Massachusetts Trial Court Law Libraries — free access to legal materials in 15 public law libraries across the Commonwealth.
• Massachusetts Trial Court Law Library Services and databases — includes online access to Massachusetts Reports, statutes, regulations, and case-law databases.
• Social Law Library slip opinions
• FindLaw — Supreme Judicial Court
• FindLaw — Appeals Court
• Google Scholar
• Massachusetts Cases (masscases.com)
• How to create PDFs with bookmarks and internal links

The Appeals Court posts briefs of certain cases scheduled for oral arguments. For sample briefs filed with the Appeals Court, please visit the Appeals Court public calendar.

Informal Briefs Pilot Program

The requirements for briefs set out in this guide apply to formal briefs, which are briefs that must strictly comply with the Massachusetts Rules of Appellate Procedure. In October 2023, the Appeals Court launched 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, 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 Informal Brief Pilot requirements and with 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 or self-represented appellee may file an informal brief and record appendix, and a self-represented appellant may file an informal reply brief. Forms for the informal brief of the appellant, appellee, and appellant’s reply are available on the Informal Brief Pilot Program page, along with templates for an informal record appendix, supplemental appendix, and impounded record appendix, and guidance for filing.

Any informal brief must comply with the maximum length limit, which is 30 pages for the appellant’s brief, 30 pages for the appellee’s brief, and 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.

In February 2025, the Appeals Court announced that the pilot program will continue through June 2026, after which the court will review it again.

Overview of the appeals process and the obligations of an appellant in a civil or criminal case

The questions and answers in this section explain what an appellant (the appealing party) must do at each stage of a panel appeal in a civil or criminal case.

What is an appeal?

If you are dissatisfied with the trial court’s judgment, you have a right to appeal after the final judgment has entered. In most cases, a matter is ripe for appeal when an appealable final order, decree, or judgment has entered as to all issues and all parties so that there is nothing left to litigate in the trial court.

How do I appeal the trial court’s judgment?

The first step is to file a notice of appeal in the clerk’s, register’s, or recorder’s office of the trial court where your case was heard. For most cases, the deadline is 30 days after the final judgment is entered on the docket. For some cases, including in the Housing Court, the deadline can be as short as 10 days. As soon as a judgment is rendered, you will need to determine where your appeal must be filed and what the deadline is. Please read and follow the Massachusetts Rules of Appellate Procedure or other rules that apply to your case.

What is a notice of appeal?

A notice of appeal is a written statement prepared by you that has the name of your case, the trial court docket number, and states your intention to appeal the judgment. It should include your name and should specify the order, decree, or judgment that you are appealing. See Mass. R. A. P. 3 (c) and the sample notice of appeal in Exhibit 1, below. The notice of appeal must be filed with the clerk’s office of the trial court where your case was heard. See Mass. R. A. P. 4 (a) (1). If you missed the deadline, please refer to Mass. R. A. P. 4 (c) and 14 (b) on extension and enlargement of time. Any party who is dissatisfied with the judgment may file a notice of appeal. In some cases, parties on both sides (plaintiff and defendant) file a notice of appeal; this is called a cross appeal. In a cross appeal, the parties are the appellant and the cross-appellant, and both must comply with the rules necessary for the trial court clerk to assemble the record and must docket their respective appeals in the Appeals Court.

Do I have to do anything else when I file my notice of appeal?

Yes. If your case was decided after a trial or evidentiary hearing where people testified and evidence was taken, you will need to order an official transcript of the trial. If your case was decided without a trial or evidentiary hearing, you do not need to order any transcripts.

An official transcript is a written record of what was said during a court proceeding, transcribed from an electronic recording by a transcriber or reporter. To order a transcript, submit the online transcript order form and pay any associated fees. If the court determines that you are indigent, the state may cover the cost of ordering the transcript. To complete the form, you must have the proper case information, including: (1) the name of the case and docket number; (2) the name of the judges and courtroom number; (3) the date and time of your proceeding; and (4) the Notice of Assignment of Counsel number. For more information, see How to order a court-proceeding transcript.

For civil cases, you are required to file a certificate in the trial court clerk’s office certifying that either you have ordered a transcript because it is necessary for your appeal, or that you do not intend to order a transcript because it is not necessary. See Mass. R. A. P. 9 (d) (2). This certificate must be filed within 14 days after filing a notice of appeal.

When I get the transcript, what do I do?

Typically, the transcriber will provide the trial court clerk and the party who ordered the transcript with a copy. Receipt of the transcript is often the final step the trial court clerk needs in order to complete assembly of the record. After you have filed all the transcripts, it is advisable to make a written request to the trial court clerk’s office to assemble the record, and to send a copy of that request to all opposing counsel or parties.

What does the trial court clerk’s office do with the transcript?

Upon receipt of all transcripts, the trial court clerk’s office will docket a notice that it has “assembled the record for appeal” and the clerk will send notice to the Appeals Court and to all parties involved. It is important that the trial court clerk’s office has your current address and phone number. See generally Mass. R. A. P. 8 (b) (3) and 9 (e).

Assembling the record

What does “assemble the record” mean?

“Assemble the record” refers to the trial court clerk’s office’s action of placing together all of the original papers, exhibits, and the transcript, if any, filed in the trial court. See Mass. R. A. P. 8 (a) and 9 (a).

Importantly, during the appeal, the trial court clerk does not send any portion of the record to the Appeals Court unless requested to do so by the Appeals Court. See Mass. R. A. P. 9 and 18 (a). The clerk of the trial court sends to the Appeals Court only a copy of the trial court docket, the notice of appeal, and a notice of any impounded materials. Any trial exhibits and filings by the parties are not transmitted to the Appeals Court by the trial court clerk. See Mass. R. A. P. 8 and 18 (a).

It is the responsibility of the appealing party (the “appellant”) to gather and file a copy of all documents from the trial court record that are relevant to the issues on appeal. The appellant files these documents in an appendix at the time the appellant’s brief is filed with the Appeals Court.

When you prepare your record appendix, you may request from the trial court copies of those parts of the record necessary for the Appeals Court to effectively analyze and determine your appellate issues. There is a charge for the trial court to produce such copies, or you may use your own copies if they do not have your writing or notes on them.

How long does it take to assemble the record?

Depending on the specific circumstances of each case, it may take several weeks or even months to assemble the record. As an appellant, you have an obligation to perform any act reasonably necessary to enable the trial court clerk to assemble the record. See Mass. R. A. P. 9 (d) (1). This duty includes making timely arrangements for preparation of a transcript or timely notification to the trial court clerk that you do not intend to order any transcript.

In cases where transcripts have been ordered, there is a 21-day timeframe for the trial court clerk to complete assembly of the record, which begins to run from when the trial court clerk has received all of the transcripts. See Mass. R. A. P. 9 (e). Failure to comply with your obligation under Mass. R. A. P. 9 (d) will cause delay in the assembly process and may jeopardize your appellate rights. The assembly process may also be delayed in some cases pending completion of the transcripts — a process that is beyond the control of the trial court clerk’s office.

How do I docket my appeal?

Within 14 days of receiving notice from the trial court clerk that the record has been assembled, you must pay your docket fee to the Appeals Court. See Mass. R. A. P. 10 (a). The docket fee is $300 per appealing party. To be designated as an appellant, each appealing party must pay the $300 filing fee. For example, if you and your spouse are both appealing, the total docket fee will be $600. Alternatively, if multiple parties are appealing the same issues and intend to file a single, unified brief on those issues, the parties may pay a single fee and file a motion to waive additional fees.

The Appeals Court accepts payments in cash, personal check, bank check, money order, and certain credit cards. To use a credit card, you must either appear at the clerk’s office in person or register for e-filing through eFileMA (Odyssey File and Serve). A civil appeal entry form is also required with electronic payment. Any check or money order should be made payable to the Commonwealth of Massachusetts.

With a check or money order, you may pay in person or mail your payment to:

Appeals Court Clerk’s Office

John Adams Courthouse, One Pemberton Square, Suite 1200

Boston, MA 02108

If you are not able to pay the docket fee because you are indigent, you may file a Motion to Waive Entry Fee with an Affidavit of Indigency attached. You may also come to the Appeals Court Clerk’s Office to fill out the motion and the affidavit in person.

Your payment, or your Motion to Waive with an Affidavit of Indigency attached, must be either received in the Appeals Court Clerk’s Office within 14 days of your receipt of the record-assembly notice, or placed in the mail accompanied by a Certificate of Mailing attesting that the day of mailing was within 14 days of receipt of the notice of assembly. See Mass. R. A. P. 10 (a) (1) (B).

If you fail to docket your appeal within the 14-day deadline, you will need to file a motion asking a single justice of the Appeals Court to permit your appeal to be docketed late and pay any additional filing fees associated with filing such a motion. Such a motion can also be filed in the trial court. Otherwise, the trial court could dismiss your appeal.

What happens when my appeal is docketed?

After you docket your appeal, the Appeals Court Clerk’s Office will send you a Notice of Entry with your Appeals Court panel docket number. Your Appeals Court panel docket number will be different from your trial court docket number. You will be required to include your Appeals Court docket number on each document filed with the Appeals Court. You will also be asked to provide your Appeals Court docket number if you call the Appeals Court Clerk’s Office with questions about your case.

You are now designated as the “appellant” in the case. The opposing party is designated as the “appellee.” You should immediately review the Massachusetts Rules of Appellate Procedure (Mass. R. A. P.), especially the sections referenced in this guide. Self-represented litigants are bound by the same rules and held to the same standards as a party who is represented by an attorney. See Commonwealth v. Jackson, 419 Mass. 716, 719 (1995).

Now that your case has been docketed, you are required to file and serve a docketing statement under Appeals Court Rule 10.0 for All Appeals (Civil and Criminal). The docketing statement provides the court with important background information that will be useful when the appeal is entered, screened, and considered. The docketing statement must be filed in the Appeals Court — either through eFileMA or by mail — within 14 days after the Appeals Court issues the Notice of Entry of the appeal. The docketing statement, its instructions, and Appeals Court Rule 10.0 are available on the Appellate Procedure Rule 10 page. If you do not file the docketing statement, the court may deny any motion to enlarge time to file a brief or motion to stay appellate proceedings until the docketing statement is filed.

The appellant’s primary responsibility in an appeal is the preparation and filing of a brief and record appendix. As the appellant, you have 40 days after docketing your appeal to serve and file your brief and record appendix. See Mass. R. A. P. 19 (a).

What is a brief?

A brief is a document that the appellant may use to present arguments to the Appeals Court in support of the appellant’s claim that the trial court committed reversible error. There is no right to have your appeal argued orally, and many appeals are decided solely on the briefs filed by the parties. An appellant’s brief contains a statement of the issues on appeal, the procedural history of the case, a statement of the underlying facts, the appellant’s legal argument (including a statement of the applicable standard(s) of review for each argument), and a conclusion stating the relief sought. See “Contents of the brief” below for additional requirements.

If you choose not to participate in the Informal Brief Pilot Program, then you must file a brief that complies with Mass. R. A. P. 16, 19, and 20, which govern the content and format of an appellate brief. Your principal appellant brief must have a blue cover and must be securely bound on the left-hand side of the brief. A color cover is not required if you choose to electronically file your brief. See Mass. R. A. P. 20 (a) (6) (A). The cover of your brief must have: (1) the name of the court and the Appeals Court docket number of the case; (2) the title of the case; (3) the nature of the proceeding in the appellate court (for example, Appeal; Application for Review) and the name of the lower court; (4) the title of the document (for example, Brief for Appellant, Appendix); and (5) your name, mailing and electronic addresses, and telephone number(s). See Mass. R. A. P. 20 (a) (6) (B).

Your cover must be paginated as page 1. See Mass. R. A. P. 20 (a) (4) (A) and 20 (a) (6) (B) (vii). Do not use Roman numerals to paginate your cover or brief.

It is very important that you format your brief as required by the rules and include all of the necessary content items required by the rules. Briefs and appendix volumes not in substantial compliance with the rules may be rejected or struck by the court. See Mass. R. A. P. 16 (k) and 20 (a) (7).

Brief template available on the Appeals Court’s website

There is a brief template available as a Microsoft Word document on the Appeals Court’s website for your convenience. The template is pre-formatted to comply with the applicable rules and provides a roadmap of the required sections in a brief from the cover through the addendum. Download it from the Brief template link.

Format of the brief

Your principal brief may not be longer than 50 pages. See Mass. R. A. P. 20 (a) (2) (A). This page limit does not include the table of contents, the table of authorities, and the addendum. See Mass. R. A. P. 20 (a) (2) (D).

You must have 1½-inch margins on the left and right, and 1-inch top and bottom margins. Your brief must be typed in black ink using a monospaced font, double spaced, on 8½-by-11-inch white paper. Courier New 12-point is recommended; it is the monospaced font most widely used by parties when filing briefs with the Appeals Court. See Mass. R. A. P. 20. Footnotes must be typed using the same font and point size. See the Brief checklist (Exhibit 4, below) for a checklist detailing these requirements.

Alternatively, you may produce your brief in a proportional spaced font, such as Times New Roman. See Mass. R. A. P. 20 (a). However, if you do so, any brief produced in a proportional spaced font must be size 14 or larger and the margins on all sides must be at least 1 inch. See Mass. R. A. P. 20 (a) (4) (A)–(B). Further, if you produce the brief in a proportional spaced font, you must use a word limit (11,000 non-excluded words) instead of the 50-page limit. See Mass. R. A. P. 20 (a). Lastly, if a brief is produced in a proportional spaced font, the certificate of compliance must specifically state how compliance with the length limit was ascertained. See Mass. R. A. P. 20 (a) (2) (F).

Sample certificate-of-compliance language for a proportional-font brief:

“This brief complies with the length and typeface limitations in Rule 20 (a) (2) and 20 (a) (4) because it is in the proportional font [font name] at size [font size], and contains [number of] total words in the parts of the brief required by Rule 16 (a) (3)–(9) as counted using the word count feature of [program including version].”

Contents of the brief

Your brief is required to contain the following elements arranged in the order set out below.

Table of contents: the table of contents must list each section of the brief, including the headings and subheadings of each section, and the page on which they begin. See Mass. R. A. P. 16 (a) (3).

Table of authorities: the table of authorities must list each case, statute, rule, and other authority cited in the brief, with references to each page on which it is cited. The authorities shall be listed alphabetically or numerically, as applicable. See Mass. R. A. P. 16 (a) (4). Citations must be to the official Massachusetts Reporter volume.

Statement of the issues: the statement of issues must concisely and particularly describe each issue presented for review. See Mass. R. A. P. 16 (a) (5). The statement of the issues is the first page of the substantive portion of your brief and is where you should begin your page count so that you can comply with the page limit.

Statement of the case: the statement of the case must briefly describe the nature of the appeal, the procedural history relevant to the issues presented for review, with page references to the record appendix or transcript in accordance with Rule 16 (e), and the disposition of these issues by the lower court. See Mass. R. A. P. 16 (a) (6) and 16 (e).

Statement of the facts: the statement of the facts must describe the facts relevant to the issues presented for review but does not need to repeat items otherwise included in the statement of the case. Each statement of fact must be supported by page references to the record appendix or transcript in accordance with Rule 16 (e). Your statement of the facts should be an objective description of the facts of your case as it developed and proceeded in the trial court. See Mass. R. A. P. 16 (a) (7) and 16 (e).

Summary of the argument: a summary of argument is only necessary if your argument section is longer than 20 pages or has more than 4,500 words. This section is a brief summary of the arguments made later in the brief and should have a page reference to the pages where each point argued appears later in the brief. See Mass. R. A. P. 16 (a) (8).

Argument: this section contains the legal arguments that support the issues you are raising on appeal. Your legal argument must be supported by legal authority such as appellate case law, statutes, and regulations. See Mass. R. A. P. 16 (a) (9).

If you are citing to a case as authority in support of your legal arguments, you must cite to the official Massachusetts Reporter Volume. For example: Commonwealth v. Moffett, 383 Mass. 201, 203 (1981), and Commonwealth v. Giontzis, 47 Mass. App. Ct. 450, 453 (1999).

If you are citing to a constitutional provision, statute, regulation, rule, or unpublished decision (such as an Appeals Court order issued pursuant to its Rule 23.0), you must include, as an addendum to the brief, a copy of that authority. See the description of the addendum below.

You must also include a concise statement of the applicable standard of review for each issue you raise in your argument section, which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues. The standard of review is a critical factor for each appeal and is essential to the appellate court’s review. See Mass. R. A. P. 16 (a) (9) (B).

Conclusion: this section contains a statement of the precise relief that you are asking the court to grant. See Mass. R. A. P. 16 (a) (11).

Signature block: you must include a signature block following your conclusion. It includes your printed and signed name (electronic signatures are permissible), pronouns (optional), mailing address, e-mail address, telephone number, and the date of signing. See Mass. R. A. P. 16 (a) (12). For example:

/s/ Channing A. Smith

Channing A. Smith

she/her

123 Main Street

Boston, MA 02210

617-123-4567

[e-mail]

Signed: March 1, 2026

Addendum: the addendum must include a table of contents listing each item it contains and the page on which each item begins. The addendum should be attached at the end of your brief and should continue the page numbers of your brief. For example, if the conclusion ends on page 33 of your brief, then the first page of the addendum should be numbered as page 34. You may include “Add.” before the addendum pagination, for example: Add. 34, Add. 35.

The addendum must include copies of any constitutional provisions, statutes, rules, regulations, or unpublished decisions (such as an Appeals Court order issued pursuant to its Rule 1:28) that you refer to in your brief. See Mass. R. A. P. 16 (a) (13). The addendum must also contain a copy of the order, judgment, or decree that you are appealing. The addendum is not the same as the appendix. The order, judgment, or decree that you are appealing should appear in both the addendum and the appendix.

Certificate of compliance: your brief must contain a statement that certifies you have complied with the Massachusetts Rules of Appellate Procedure pertaining to the filing of briefs and must specify how compliance with the applicable length limit of Rule 20 was ascertained, by stating either (1) the name, size, and number of characters per inch of the monospaced font used and the number of non-excluded pages, or (2) 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. See Mass. R. A. P. 16 (k). A sample certificate of compliance is provided in Exhibit 3, below.

Certificate of service: a certificate of service must be filed with the Appeals Court at the time you file your brief and appendix. A certificate of service is signed under the pains and penalties of perjury, and includes your name, address, e-mail address, telephone number, the name of the court, name of the case, docket number, title of the document(s) served (for example, Appellant’s Brief and Record Appendix), the date and manner of service (for example, first-class mail, in-hand service, or service through eFileMA.com), and the name, address and, if known, email address of the person served. A Certificate of Service form is available.

Use of pseudonyms or initials for names of sexual-assault victims

Massachusetts General Laws Chapter 265, § 24C prohibits the disclosure of the name of the victim of certain sexual assault crimes. If your case involves one of the enumerated sexual assault crimes, you may be required to use a pseudonym or initials when referring to the victim or complainant. If the name of the victim appears in any documents included in the record appendix, you must redact the name.

Redaction of personal identifying information

To protect Personally Identifying Information (PII), when you file any publicly accessible court documents — such as briefs, appendices, motions, and any other filings accessible to the public — you must follow Supreme Judicial Court Rule 1:24 and Mass. R. A. P. 21.

PII includes social security numbers, taxpayer identification numbers, driver’s license numbers, state-issued ID-card numbers, passport numbers, financial account numbers, credit or debit card numbers, and parents’ birth surnames.

You must redact any PII when filing any publicly accessible court documents unless a specific exemption applies. You can redact PII by not including the complete information — for example, replacing omitted information with “xxx” (e.g., checking account no. xxx645) or using “ending with” (e.g., driver’s license number ending with 23). You can also redact PII by including only portions of PII with the remaining whited or blacked out.

If your brief must contain unredacted PII pursuant to an exemption, you must file an additional copy of the brief with PII redacted and label it as “Limited Personal Identifying Information” on the cover. See S. J. C. Rule 1:24. For more information on redaction of PII, please visit the Appeals Court briefs page.

What is a record appendix?

The record appendix, often referred to as the appendix, is the collection of the trial court’s record (papers, exhibits, and transcripts) relevant to the issues, facts, and arguments in your brief. The appendix must also include a copy of the trial court docket, a copy of the order, judgment, or decree being appealed, a copy of your notice of appeal, and any order of impoundment or confidentiality from the trial court. See Mass. R. A. P. 18 (a) (1).

The appellant is responsible for providing the Appeals Court with all documents and transcripts that the appellant believes are necessary for the Appeals Court to decide the appeal. The Appeals Court reviews only those documents that were made part of the trial court record. You may not include documents not made part of the trial court record. The trial court does not send any record to the Appeals Court. If you do not provide a document, that document will not be considered by the Appeals Court justices when deciding your appeal. See Mass. R. A. P. 18 (a) (1) (D).

Appendix template available on the Appeals Court’s website

There is an appendix template available as a Microsoft Word document on the Appeals Court’s website for your convenience. The template is pre-formatted to comply with the applicable rules and is available for download from the Appendix template link.

Format of the appendix

The appendix must be bound separately from your brief and must have a white cover. The cover of the appendix must contain the same information as the cover of your brief. The appendix must have a table of contents which identifies each document and lists the page number of the appendix where each document starts. See Mass. R. A. P. 18 (a) (1) (A) (i)–(ii). The pages must be consecutively numbered beginning with the cover as page 1 (for example, A1, A2). See Mass. R. A. P. 20 (a) (5) (A)–(B). The documents should be placed in the same chronological order as the order filed in the trial court.

You may e-file your appendix as a PDF. It cannot be more than 50 megabytes (MB). If you choose to file your appendix as a paper file, the appendix cannot be thicker than 1½ inches. See Mass. R. A. P. 20 (a) (5) (C). If your appendix is thicker than 1½ inches, you must break it into separate volumes. The cover of each volume should identify its volume number compared to the total number of volumes (for example, “Vol. 1 of 3”).

Insertion and reference to impounded materials

If the entire case has been impounded by a court order, standing order, or statute, the cover of your record appendix must clearly indicate that your record appendix is impounded. See Mass. R. A. P. 16 (m). If only some of the documents in your record appendix were impounded, you must file those documents in a separate appendix volume that contains only impounded material, and the cover of this volume must clearly indicate that this volume contains impounded materials. See Mass. R. A. P. 18 (d).

What do I do after I prepare my brief and appendix?

After you have prepared your brief and appendix, you must file the original or one copy of each brief and appendix with the Appeals Court Clerk’s Office. You must also serve one copy of each brief and appendix on counsel for each party separately represented, one copy of each on counsel for all jointly represented parties, and two copies of each on each self-represented party to the appeal. See Mass. R. A. P. 19 (d) (1) (A). You should also keep at least one copy for yourself. If you choose to e-file, you do not need to file any paper copies of each document with the Appeals Court, but you must serve each PDF on each opposing party. See M. A. C. Rule 13.0 (c).

You may divide your exhibits and transcript(s) into separate volumes. If you choose to do so, you must file one copy of the exhibit volume or volumes, and one copy of the transcript volume or volumes with your brief and appendix. You must also serve one copy of each above-mentioned document on counsel for each party separately represented, one copy of each on counsel for all jointly represented parties, and one copy of each on each self-represented party to the appeal. See Mass. R. A. P. 19 (d) (2) (A).

How do I serve and file my brief and appendix?

Your brief and appendix must be served and filed within 40 days after the entry of your appeal in the Appeals Court. See Mass. R. A. P. 19 (a) (1). You may hand-deliver your briefs and appendices to the Appeals Court and all other parties, you may mail them to the Appeals Court and all opposing parties, or you may e-file them through eFileMA. Even if you e-file, you may still be required to serve paper copies of your brief and appendices on all opposing parties.

When you file the one paper original or copy of your brief and appendix, you must also file a Certificate of Service showing that you have delivered to opposing counsel — or to the opposing party if the opposing party is not represented by counsel — a copy of the brief and appendix. The Certificate of Service must include your name, address, e-mail address, telephone number, the name of the court, name of the case, docket number, title of the document(s) (for example, Appellant’s Brief and Record Appendix), the date and manner of service, and the name, address and, if known, email address of the person served. See Mass. R. A. P. 13 (e). The Certificate of Service form is available on the Appeals Court forms page.

If you are mailing your brief and appendix to the Appeals Court, you must also include a Certificate of Mailing in which you attest that the day you mailed your brief and appendix was before the due date. See Mass. R. A. P. 13 (a) (1) (B). Your brief and appendix will be deemed timely filed if the day of mailing was within the time fixed for filing, even if the Appeals Court receives them after the due date. The Certificate of Mailing form is available.

What if I need more time to serve and file my brief and appendix?

If you need more than 40 days to serve and file your brief and appendix, you may ask for more time by filing a Motion for Enlargement of Time with the Appeals Court. See Mass. R. A. P. 14 (b). The motion must state the reasons for the requested extension, provide a date certain by which the brief will be filed, and be accompanied by a Certificate of Service. See Mass. R. A. P. 13 (d). A copy of the motion must be served on all other parties to your appeal. See Mass. R. A. P. 13 (b). You may prepare a Motion for Enlargement of Time online through Court Forms Online.

Per the Appeals Court’s policy, the Appeals Court generally grants no more than one motion for enlargement of time to a party from the same side of the appeal. The enlargement you ask for must not exceed 120 days, and you must state in an affidavit (a) good cause that warrants the requested enlargement, and (b) an explanation why the particular time period requested is reasonable. The Appeals Court ordinarily will not grant further enlargements of time unless there is an emergency, such as death, illness, or serious injury.

What happens after I serve and file my brief and appendix?

The opposing party (the appellee) has 30 days after you serve your brief and record appendix to serve and file their brief. See Mass. R. A. P. 19 (a). An appellee does not have to file any brief, but most appellees choose to do so. If an appellee does not file any brief and an oral argument is scheduled for your case, the appellee will ordinarily not be allowed to participate at oral argument. See Mass. R. A. P. 19 (e). The appellee may also file a motion to enlarge the time to file a responding brief.

May I file a reply to the appellee’s brief?

Yes. You have the right to file a reply brief within 14 days after the appellee serves their appellee’s brief on you. Your reply brief must have a gray cover if filed as paper. Mass. R. A. P. 20 (a) (6) (A). If you choose to e-file or if you are a self-represented party who is confined in an institution, there is no color-cover requirement for your briefs. See M. A. C. Rule 13.0 (f) (2). If your reply brief has a monospaced font, it cannot be longer than 20 pages. See Mass. R. A. P. 20 (a) (2) (B). If your reply brief has a proportionally spaced font, it cannot contain more than 11,000 words.

No new issues may be raised in your reply brief, and you must respond only to the arguments presented in the appellee’s brief. See Mass. R. A. P. 16 (c). You do not have to restate the issues, facts, or procedural history of your case in your reply brief. You can devote your 20-page reply brief strictly to the arguments in response to the appellee’s brief. Your reply brief must contain items required by Mass. R. A. P. 16 (a) (1), (3), (4), (9), and (11)–(15).

When will my appeal be decided?

Your appeal is considered fully briefed at the time the appellee files their brief, or if the deadline for filing the appellee’s brief has passed and the court designates the appellee as not expected to file a brief. The Appeals Court will then determine if an oral argument should be scheduled for your case or if your case should be decided only on the briefs filed. Your appeal may either be scheduled for an oral argument before a panel of three Appeals Court judges or it may be decided only on the briefs by a panel of three judges without an oral argument. You do not have a right to an oral argument for your appeal.

For civil cases, you will receive notice that your case is scheduled for oral argument or referred to a panel of three judges for a decision on the briefs approximately six months after filing of the appellee’s brief. If your case is scheduled for an oral argument, the Appeals Court will notify you and ask you to identify any dates in a specified month that you are unavailable to argue. You will be deemed available for the entire specified month if you do not respond.

How long does the three-judge panel have to issue a decision?

The three-judge panel usually issues its decision within 130 days after receiving the case. There is, however, no timeframe for the issuance of a decision set by law or by the Massachusetts Rules of Appellate Procedure.

If I am not happy with the Appeals Court’s decision, can I appeal my case to another court?

You may request post-appellate review of the Appeals Court’s decision by filing a motion for reconsideration or modification of decision with the Appeals Court. See Mass. R. A. P. 27. You may also file an application for further appellate review of your case by the Supreme Judicial Court. See Mass. R. A. P. 27.1. Further appellate review is the only avenue of review by the Supreme Judicial Court.

Motion for reconsideration or modification of decision

This motion must state with particularity the law or facts that you contend the Appeals Court overlooked or misapprehended. You must file this motion with the Appeals Court Clerk’s Office, and the Clerk’s Office will docket and distribute your motion to the panel of judges. The motion for reconsideration or modification of decision must be served and filed within 14 days of the issuance of the Appeals Court’s decision. There is no fee associated with filing this motion. See Mass. R. A. P. 27.

Application for Further Appellate Review (FAR)

You may file this application with the Massachusetts Supreme Judicial Court within 21 days of the issuance of the Appeals Court’s decision. There is a $200 fee associated with filing this application. Please review Mass. R. A. P. 27.1 before filing this application. You can file this application electronically with the Supreme Judicial Court through eFileMA. You do not need to submit a copy of this application to the Appeals Court. For more information, please contact the Supreme Judicial Court Office of the Clerk for the Commonwealth.

If you need more time than the rules provide to file either a motion for reconsideration or modification of decision or an application for further appellate review, you must file a motion for enlargement of time in the appropriate court requesting additional time. See Mass. R. A. P. 27 and 27.1. The motion for enlargement of time should state the reasons for the requested extension and provide a date certain by which your motion or application will be filed. A motion for enlargement of time for filing the application for further appellate review filed with the Supreme Judicial Court will automatically stay the issuance of the rescript (the Appeals Court’s decision). Filing a motion to reconsider does not stay the deadline to file the application for further appellate review. A party must ask the Supreme Judicial Court for an enlargement of time to file the application there.

The rescript (the technical name for the Appeals Court’s decision) will be issued to the trial court for entry on its docket 28 days after the rescript is entered on the Appeals Court docket. This 28-day period allows for a party to file for the post-decision relief described above. If a motion for reconsideration or modification of decision, application for further appellate review, or motion to enlarge time for filing either of the above is not filed within this 28-day period, the court’s decision will be issued to the trial court for entry. See Mass. R. A. P. 23.

Issues concerning criminal appeals

These questions and answers address points specific to criminal appeals.

Can I appeal if I have been convicted of a crime?

Yes. You may appeal to the Appeals Court if you have been convicted of a crime. For a first-degree murder conviction, your appeal will go directly to the Supreme Judicial Court.

How do I appeal?

You must file a notice of appeal with the trial court clerk’s office within 30 days of the date of your conviction or sentencing.

If I do not have an attorney, can an attorney be appointed to represent me?

If you are indigent because your income does not exceed 125 percent of the current federal poverty threshold, you would have been appointed an attorney to represent you at trial. Your trial attorney will not represent you on appeal, but a new attorney may be appointed.

To be appointed an attorney on appeal, you must file a motion for appointment of counsel with your notice of appeal in the trial court. You may also file this motion, with an affidavit of indigency, in the Appeals Court after the entry of your appeal.

What if I want to represent myself on appeal?

You may represent yourself on appeal. If you choose to represent yourself, you are required to follow the Rules of Appellate Procedure and held to the same standard as an attorney when proceeding in the Appeals Court. See Commonwealth v. Jackson, 419 Mass. 716, 719 (1995).

If you have been found to be indigent, you may file a motion with the trial court to waive the cost of your copy of the transcript. If you are not indigent, you must pay for the copy of your transcript. You should contact the trial court clerk’s office to make sure that you are proceeding correctly and that your transcript is being prepared.

What happens after the transcript is prepared?

The court reporter or transcriber will file the original transcript with the trial court clerk’s office and make a copy for you and a copy for the prosecutor. The trial court clerk’s office will then assemble the record and transmit the trial court docket, notice of appeal, any written notification of impounded materials, a list of exhibits, and a copy of the trial transcript to the appellate court upon completion. The trial court clerk’s office does not transmit the trial exhibits and filings by the parties to the Appeals Court. See Mass. R. A. P. 8 and 18 (a).

Is there a fee to enter a criminal appeal?

No. Upon receipt of the assembled record, the Appeals Court Clerk’s Office will enter the appeal on the Appeals Court’s docket. You will then receive notice of the date of entry and the Appeals Court docket number.

Is the briefing schedule for a criminal case different from a civil case?

No. As the appellant in a criminal case, you are still responsible for preparing, filing, and serving your brief and record appendix within 40 days of entry of your case, even if an attorney has not been appointed for you. Different from a civil case, you are not required to file and serve the transcript if a transcript was prepared, because it would have already been forwarded to the Appeals Court by the trial court clerk.

You are required to file and serve a docketing statement under Massachusetts Appeals Court Rule 10.0. Incarcerated self-represented appellants are not required to file a docketing statement. The docketing statement provides the Appeals Court with important background information about your case that will be useful when the appeal is entered, screened, and considered. The docketing statement must be filed within 14 days after the Appeals Court issues the Notice of Entry of your appeal. The docketing statement, its instructions, and Appeals Court Rule 10.0 are available on the Appeals Court forms page. If you do not file the docketing statement, the court may deny any motion for enlargement of time to file a brief or motion to stay appellate proceedings, until the docketing statement is filed.

Obligations of an appellee in a civil or criminal case

What is an appellee?

You are the appellee if you were the prevailing party in the trial court, did not file the notice of appeal, and are responding to the appeal.

What do I have to do?

You may file an appellee’s brief but are not required to do so. If you do not file a brief, you will not be permitted to argue your case during oral argument if one is scheduled. See Mass. R. A. P. 19 (e).

What if I want to file a brief?

You have the right to file an appellee’s brief. The appellant must serve you with a copy of their brief and appendix. You will then have 30 days to file and serve a copy of your appellee’s brief. Your brief must have a red cover if filed as paper, and must follow the format set forth in “What is a brief?” above. If you choose to e-file or if you are a self-represented party who is confined in an institution, there is no color-cover requirement for your briefs. See M. A. C. Rule 13.0 (f) (2). You are not required to include a statement of the issues, a statement of the case, and a statement of the facts in your brief unless you are dissatisfied with the appellant’s description of those parts. See Mass. R. A. P. 16 and 20.

If you choose to file an appellee’s brief, you must format your brief as required by the rules and include all the necessary content items required by the rules. Briefs that are not in substantial compliance with the rules may be rejected or struck by the Appeals Court. See Mass. R. A. P. 16 (k) and 20 (a) (7).

May I also file a record appendix?

An appellee in a criminal case may file a supplemental appendix without requesting court permission. An appellee in a civil case may not file their own supplemental appendix without court permission. See Mass. R. A. P. 18 (b) (5). In a civil case, if you believe that the appellant left out important parts of the record that you wish the Appeals Court to consider when deciding the appeal, you may file a motion for leave to file a supplemental appendix explaining what additional documents you wish to include. You may submit this motion either before or at the time you file your brief and supplemental appendix. Documents not made part of the trial court’s record are not permitted to be filed in your proposed supplemental appendix.

May I file a reply to the appellant’s reply brief?

Unless your case is a cross appeal, you may not file a reply to the appellant’s reply brief. A cross appeal is when you also filed a notice of appeal below in the lower court and paid a docket fee to enter your cross appeal in the Appeals Court.

Electronic filing (“e-filing”) guidance

The Appeals Court has an electronic filing program that allows filers to submit any document into any case, including impounded documents. Although you are not required to e-file, the Appeals Court strongly encourages you to do so since it is the most efficient way to transmit documents to and have them processed by the Appeals Court.

To begin e-filing, register an account through the eFileMA Odyssey File and Serve system. Civil panel cases may be entered online by paying the filing fee or filing a motion to waive the filing fee through the e-filing system.

Once your appeal has been entered (either electronically or otherwise), all filings must be submitted into that panel docket number. All documents may be filed through the e-filing system. This includes, but is not limited to, docketing statements, motions to enlarge time for filing brief, motions to stay appellate proceedings, status reports, briefs and appendices, and motions for reconsideration or modification of decision.

The Appeals Court has published extensive guidance on its website about e-filing procedures. Please visit the Electronic Filing at the Appeals Court guide for more information.

Self-represented parties are advised to review the Massachusetts Rules of Electronic Filing (S.J.C. Rule 1:25) and Appeals Court Rule 13.0 (Electronic Filing).

Questions about e-filing can be directed to the Appeals Court Clerk’s Office at 617-921-4443. Questions about registration and requests for technical assistance with the e-filing system should be directed to the Tyler Technologies support team’s customer assistance line at 800-297-5377.

List of exhibits

1. Sample Notice of Appeal
2. Sample Table of Authorities
3. Certificate of Compliance
4. Brief Checklist

Exhibit 1: Sample Notice of Appeal

This sample illustrates the format of a Notice of Appeal.

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK SUPERIOR COURT

SUCV2024-00000

MARY MOE

v.

BOSTON GENERAL HOSPITAL

NOTICE OF APPEAL

Mary Moe gives notice that she appeals from the judgment which entered against her on July 16, 2025.

Mary Moe

123 Main Street

Boston, MA 02108

617-555-1234

Exhibit 2: Sample Table of Authorities

This sample illustrates the format of a Table of Authorities. Replace the entries with the cases, statutes, and rules cited in your brief, with the corresponding page numbers in your brief.

Massachusetts cases

Authority	Page(s)
Commonwealth v. Barbosa, 457 Mass. 773 (2010)	18
Commonwealth v. Beneficial Fin. Co., 360 Mass. 188 (1971)	36
Commonwealth v. Camerano, 42 Mass. App. Ct. 363 (1997)	36
Commonwealth v. Cantres, 405 Mass. 238 (1989)	36
Commonwealth v. Chappee, 397 Mass. 508 (1986)	27, 32, 33, 34
Commonwealth v. Conceicao, 388 Mass. 255 (1983)	37
Commonwealth v. Costa, 55 Mass. App. Ct. 901 (2002)	35
Commonwealth v. Munoz, 461 Mass. 126 (2011)	16, 17, 18, 24

Federal cases

Authority	Page(s)
United States v. Dege, 364 U.S. 51 (1960)	3, 37, 38

Rules

Rule	Page(s)
Mass. R. App. P. 16 (a) (4)	40
Mass. R. App. P. 16 (b)	4
Mass. R. Crim. P. 14 (c)	26

Exhibit 3: Certificate of Compliance

Pursuant to Rule 16 (k) of the Massachusetts Rules of Appellate Procedure

I, [filer name], hereby certify that the foregoing brief complies with the rules of court that pertain to the filing of briefs, including, but not limited to:

• Mass. R. A. P. 16 (a) (13) (addendum);
• Mass. R. A. P. 16 (e) (references to the record);
• Mass. R. A. P. 18 (appendix to the briefs);
• Mass. R. A. P. 20 (form and length of briefs, appendices, and other documents); and
• Mass. R. A. P. 21 (redaction).

Use only if producing the brief in a proportional font/word limit:

I further certify that the foregoing brief complies with the applicable length limitation in Mass. R. A. P. 20 because it is produced in the proportional font [font name] at size [font size] and contains [number] total non-excluded words as counted using the word count feature of [program including version].

Use only if producing the brief in a monospaced font/page limit:

I further certify that the foregoing brief complies with the applicable length limitation in Mass. R. A. P. 20 because it is produced in the monospaced font [font name] at size [font size], [number] characters per inch, and contains [number] total non-excluded pages.

___________________________________

Signature (handwritten or /s/)

Exhibit 4: Checklist for preparing a brief and record appendix

Important: Items shown in bold below refer specifically to electronically filed briefs.

Important resources:

• Massachusetts Rules of Appellate Procedure
• Massachusetts Rules of Electronic Filing (S.J.C. Rule 1:25)
• Appeals Court Rule 13.0 (Electronic Filing)
• Appeals Court Guide to Electronic Filing

Brief cover and pagination

• No color cover for any e-filed brief. Mass. R. A. P. 20 (a) (6) (A). No color cover for any brief filed by a self-represented litigant who is confined in an institution. M. A. C. Rule 13.0 (f) (2). Otherwise, appellant = blue, appellee = red, reply = gray. Mass. R. A. P. 20 (a) (6) (A).
• Include the name of the court and number of the case; title of the case; nature of the proceeding in the appellate court (for example, Appeal); and title of the document (for example, Appellant’s Brief).
• Include the filing attorney’s or self-represented party’s name, BBO number (if applicable), mailing address, email address, telephone number, and firm name (if applicable) for each person filing the brief. Mass. R. A. P. 20 (a) (6) (B).
• The cover of the brief is marked page 1. Mass. R. A. P. 20 (a) (6) (B) (vii). Do not use roman numerals. All subsequent pages are numbered consecutively through the last page, including any addendum. Mass. R. A. P. 20 (a) (4) (A). Do not restart the pagination at the addendum.

Brief format and length limits

• If a proportional font (for example, Times New Roman) is used, it must be 14-point or larger, all margins must be at least 1 inch, and the word limit must be used. Mass. R. A. P. 20 (a) (2)–(4). The certificate of compliance must indicate the font selected, number of words, number of excluded words, and method of computation. Mass. R. A. P. 16 (a) (14) and (k).
• If a monospaced font (for example, Courier New) is used, it must be 12-point or larger and not exceed 10.5 characters per inch, margins must be at least 1 inch top and bottom and 1½ inches left and right, and the page limit must be used. Mass. R. A. P. 20 (a) (2)–(4).
• In a non-cross appeal, the length limits are: appellant/appellee brief = 50 pages in monospaced font or 11,000 words in proportional font; reply brief = 20 pages in monospaced font or 4,500 words in proportional font. Mass. R. A. P. 20 (a) (2). The cover, table of contents, table of authorities, signature block, addendum, and certificates of compliance and service do not count against the length limits. Mass. R. A. P. 20 (a) (3) (F). For length limits in cross appeals, see Mass. R. A. P. 20 (a) (3) (A)–(D).
• The font must be black and double spaced. Mass. R. A. P. 20 (a) (1) and (a) (4) (C). Headings, footnotes, and quotations use the same font and size, but may be single spaced.

Brief contents

• A cover with the items identified above. Mass. R. A. P. 16 (a) (1).
• If required by S.J.C. Rule 1:21, a corporate disclosure statement. Mass. R. A. P. 16 (a) (2).
• A table of contents with page references. Mass. R. A. P. 16 (a) (3).
• A table of authorities with page references. Mass. R. A. P. 16 (a) (4).
• A statement of the issues. Mass. R. A. P. 16 (a) (5). The appellee does not need to include this unless the appellee is dissatisfied with the appellant’s statement. Mass. R. A. P. 16 (b) (1).
• A statement of the case with page references to the appendix or transcript. Mass. R. A. P. 16 (a) (6) and 16 (e). The appellee does not need to include this unless dissatisfied with the appellant’s statement. Mass. R. A. P. 16 (b) (1).
• A statement of the facts with page references to the appendix or transcript. Mass. R. A. P. 16 (a) (7) and 16 (e). The appellee does not need to include this unless dissatisfied with the appellant’s statement. Mass. R. A. P. 16 (b) (1).
• A summary of the argument. Mass. R. A. P. 16 (a) (8). This is only required if the argument exceeds 20 pages in monospaced font or 4,500 words in proportional font.
• An argument section that contains a legal argument addressing issues, supported by legal authority. Mass. R. A. P. 16 (a) (9). The argument must contain a statement of the applicable standard of review for each issue raised (this may appear under a separate heading or in the discussion of the issue). Mass. R. A. P. 16 (a) (9) (B).
• A conclusion stating the precise relief sought followed by a signature block. Mass. R. A. P. 16 (a) (10)–(11).
• An addendum that includes the items identified in Mass. R. A. P. 16 (a) (13). This includes (1) a copy of any appealed judgment or order (and a typed copy of any handwritten endorsement), and (2) copies of constitutional provisions, statutes, court rules, regulations, and unpublished decisions cited in the brief. The addendum requires a table of contents with page references. The addendum must be bound in a paper brief and included in the same PDF of an electronically filed brief.
• A certificate of compliance with Mass. R. A. P. 16 (a) (13), 16 (e), 18, 20, 21. Mass. R. A. P. 16 (k). The certificate must specify how compliance with the applicable length limit of Mass. R. A. P. 20 was ascertained.
• A certificate of service that complies with Mass. R. A. P. 13 (e). Mass. R. A. P. 16 (a) (15). The certificate of service must be bound in a paper brief and included in the same PDF of an electronically filed brief.

Filing and service

• Deadlines: Appellant’s brief = 40 days from the date the appeal is docketed; appellee’s brief = 30 days after service of the appellant’s brief; reply brief = 14 days after service of the appellee’s brief. Mass. R. A. P. 19 (a). For deadlines in cross appeals, see Mass. R. A. P. 19 (b).
• If a brief is served by mail or electronic service, 3 days are added to the due date of the responsive brief. Mass. R. A. P. 14 (c) and Mass. R. E. F. 7 (e). If a brief due date falls on a weekend or holiday, the brief is due on the next business day. Mass. R. A. P. 14 (a). For purposes of determining due date, service is complete the date the opposing party mails the brief. Mass. R. A. P. 13 (c).
• Number of copies: If filing on paper, file with the court 1 copy or original of each brief and appendix volume. You must serve 1 copy of each brief and appendix volume on counsel of record for each party, and 2 copies of each brief and appendix on any self-represented litigant. Mass. R. A. P. 19 (d). Attorneys are required to electronically file all non-impounded briefs, appendices, exhibits, and transcripts. M. A. C. Rule 13.0 (c). No paper copies are required to be filed with the court for any document that is electronically filed. M. A. C. Rule 13.0 (h).
• Manner of service: Service may be made in hand, by first-class mail or its equivalent, or electronically with the consent of the party being served. All attorneys with cases pending in the Appeals Court are required to consent to electronic service through eFileMA.com by registering for an account and maintaining their name and business email address on the eFileMA.com Public List. M. A. C. Rule 13.0 (b). If you electronically serve a party, no paper copies are required to be served on that party.
• A PDF must be submitted through eFileMA.com by 11:59 p.m. on the date it is due. Mass. R. E. F. 4 (c).

Record appendix format

• The record appendix must be separately bound from the brief. Mass. R. A. P. 18 (a). If electronically filed, it must be a separate PDF.
• The record appendix requires a cover with the same information that is included on the brief cover, except the title of the document. The cover is paginated as page 1. Mass. R. A. P. 18 (a) (1) (A) (i), 20 (a) (5) (A), and 20 (a) (6).
• All subsequent pages are numbered consecutively through the end of the volume. Mass. R. A. P. 20 (a) (5) (A).
• The maximum size of an appendix volume is 1.5 inches thick, or 50 MB if electronically filed. If your document exceeds these limitations, it must be divided into separately paginated volumes. Mass. R. A. P. 20 (a) (5) (B)–(C); Mass. R. E. F. 10.
• For multi-volume appendices, each volume of the appendix is separately paginated, beginning at page 1. Mass. R. A. P. 20 (a) (5) (B).
• The record appendix requires a table of contents that lists the parts of the record included and includes a detailed listing of exhibits, affidavits, and other documents associated with those parts. Mass. R. A. P. 20 (a) (1) (A) (ii). For multi-volume appendices, the first volume must have a table of contents for all volumes and any subsequent volume requires a table of contents for only that volume. Mass. R. A. P. 18 (a) (1) (C).

Record appendix content

• Include a copy of the lower court docket. Mass. R. A. P. 18 (a) (1) (A) (iii).
• Include a copy of any order of impoundment or confidentiality from the lower court. Mass. R. A. P. 18 (a) (1) (A) (iv).
• Include a copy of any parts of the record relied upon in the brief. Mass. R. A. P. 8 (a) (1) (A) (v) (a).
• Include a copy of any document, or portion thereof, filed in the case relating to an issue which is to be argued on appeal. Mass. R. A. P. 18 (a) (1) (A) (v) (b).
• Include a copy of any findings or memorandum of decision or order by the lower court pertinent to an issue on appeal, including a typed version of any pertinent handwritten or oral endorsement, notation, findings, or order made by the lower court. Mass. R. A. P. 18 (a) (1) (A) (v) (c).
• Include a copy of the judgment, decree, order, or adjudication in question. Mass. R. A. P. 18 (a) (1) (A) (v) (d).
• Include the notice(s) of appeal. Mass. R. A. P. 18 (a) (1) (A) (v) (e).
• In a criminal case, include a copy of the complaint or indictment. Mass. R. A. P. 18 (a) (1) (A) (v) (a).

Last revised: May 2026.