The Standing Advisory Committee on the Rules of Appellate Procedure solicits comments on proposed amendments to Mass. R. App. P. 4 and to cross-references in Mass. R. App. P. 3 and 9.
The proposed amendments to Rule 4(a) are intended to eliminate potential traps for the unwary and provide clarification with respect to the timing and effect of notices of appeal in civil cases. Among other things, the amendments would treat a notice of appeal from an otherwise appealable decision as effective even if it is filed before the decision is formally entered on the docket; clarify that an appeal from an otherwise appealable judgment, decree, order, or adjudication is effective even if a separate judgment did not enter in the lower court; provide that a notice of appeal filed before the filing, or during the pendency, of any of certain listed motions will become effective upon disposition of the last such motion; and clarify that a new or amended notice of appeal is required when a party wants to appeal from the disposition of any such motion. No changes are proposed to Rule 4(b), which addresses appeals in criminal cases.
The proposed amendments to Rules 3 and 9 make changes to cross-references necessitated by the proposed amendments to Rule 4(a).
Comments should be directed to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before July 22, 2024. Comments may also be emailed to timothy.maguire@jud.state.ma.us. Comments received will be made available to the public.
| Date published: | April 22, 2024 |
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