You can download this checklist as a PDF for handy reference.
See the Administrative appeals flowchart for a visual representation of the steps in the process.
Complaint, transcript and answer
- File complaint, civil action cover sheet, and filing fee (or fee waiver form) with the court Clerk’s Office.
- Complete summons and serve complaint on the other side (the “opposing party”).
- File proof of service with the court.
Within 30 days of serving the complaint:
- Request a transcript of the administrative hearing, if necessary in your case. See Learn about transcripts in administrative appeals for more information.
Within 90 days of complaint:
- Receive answer + administrative record from the opposing party.
If you are filing a preliminary motion
Within 20 days of receiving the answer:
- Write and serve any motions about preliminary matters. [See Superior Court Standing Order 1-96 (3) and Rule 9A for more information.]
12(c) Motion for judgment on the pleadings
(See Superior Court Standing Order 1-96, Mass. Rules of Civil Procedure Rule 12, and Superior Court Rule 9A for more information.)
Within 30 days of receiving the answer and administrative record:
- Write your motion and a memorandum explaining why you believe your motion should be granted.
- Mail a copy of your motion and memorandum to the opposing party. The opposing party has 30 days to respond.
- Receive opposing party’s response. The opposing party will mail you an original response, plus a copy. The copy is for you, and the original is for the court.
[Note: You may write a reply memorandum (up to five pages) if you want, but you are not required to write a reply. If you choose to file a reply, you must send a copy of your reply to the opposing party.]
Rule 9A package
If you have followed all of the steps above, you now have your own original motion and memorandum, and the opposing party’s response and memorandum (and your reply, if any). All together, these documents are called the “9A package.” You are now ready to file your 9A Package in court.
- File the 9A Package with the court. Include the original documents from you and the opposing party. Also include a “Certificate of Notice of Filing” to inform the court that you are sending written notice to the opposing party that you have filed the 9A Package.
- Send notice to all opposing parties to inform them that you have filed the 9A Package with the court. In that notice, list the names of the documents that you have filed with the court.