Rule 6 Motions (to stay)

A guide to filing a Massachusetts Rule of Appellate Procedure 6 motion to stay (or for injunction pending appeal)

Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt a lower court judgment or order pending the outcome of an appeal.

Please visit the courtformsonline.org web page for assistance in preparing certain filings in the Appeals Court, including motions to stay.  The resources on this website are made available by the Suffolk University Law School Legal Innovation and Technology Lab and approved by the Appeals Court.  See also Appeals Court Administrative Order 20-6. 

Massachusetts Appeals Court Rule 6.0

Except in exigent circumstances, the court expects full compliance with the format and content of M.A.C. Rule 6.0. A motion shall contain:

• a request for relief - such as a stay of execution of the judgment or sentence pending a decision on the appeal - 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;
• the text of the order and rationale of the trial court judge allowing or denying the 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;
• a statement of the issues of law raised by the motion;
• a statement of the specific relief requested (a draft order for the single justice may be attached); and
• an addendum containing copies of the judgment or order, notice of appeal, and the trial court's order allowing or denying the motion to 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 five 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 permission 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.).

Overview

Mass. R. A. P. 6 provides for the filing of a motion asking the Appeals Court to temporarily “stay” (halt) a lower court judgment or order pending the outcome of an appeal. Two rules govern these motions: Mass. R. A. P. 6, the rule of appellate procedure, and M.A.C. Rule 6.0, the Appeals Court’s local rule on the format and content of these motions.

For help preparing certain Appeals Court filings, including motions to stay, see courtformsonline.org. The resources on that site are made available by the Suffolk University Law School Legal Innovation and Technology Lab and approved by the Appeals Court. See also Appeals Court Administrative Order 20-6.

Massachusetts Appeals Court Rule 6.0

Except in exigent circumstances, the court expects full compliance with the format and content of M.A.C. Rule 6.0. A motion shall contain:

• A request for relief, such as a stay of execution of the judgment or sentence pending a decision on the appeal. The request shall briefly state 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.
• The text of the order and rationale of the trial court judge allowing or denying the 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.
• A statement of the issues of law raised by the motion.
• A statement of the specific relief requested. A draft order for the single justice may be attached.
• An addendum containing copies of the judgment or order, the notice of appeal, and the trial court’s order allowing or denying the motion to stay, including a typed version of any pertinent handwritten or oral endorsement, notation, finding, or order made by the lower court.

The motion shall not exceed five pages of text in monospaced font, or 1,000 words in proportional font, in compliance with Mass. R. A. P. 20(a)(4)(A)–(C), without permission 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”).

Required supporting filings

In addition to the motion itself, the movant must file:

• Supporting memorandum of law. Not to exceed fifteen pages of text in monospaced font, or 3,500 words in proportional font, in compliance with Mass. R. A. P. 20(a)(4)(A)–(C). The memorandum must include citations to appropriate authorities and a statement addressing why relief is appropriate.
• Record appendix. A record appendix must accompany the motion and memorandum of law. It must include a current copy of the lower court docket entries and all relevant parts of the lower court record, including the lower court judge’s decision and reasoning and all filings and information submitted to the lower court in connection with the motion, including any relevant filings by other parties.
• Notice of any motion for reconsideration. If any party has served, or intends to serve, a motion for reconsideration, that fact must be brought to the Appeals Court’s attention. It is the court’s practice to stay its review of any motion to stay pending resolution of the motion for reconsideration in the trial court.
• Compliance with impoundment rules, where applicable. If the trial court entered an order impounding, sealing, or excluding from public access all or any portion of the trial court records, or if 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). If the trial court record includes any items listed as “personal identifying data,” the parties shall comply with S.J.C. Rule 1:24 in all filings to the Appeals Court.
• Defendant’s criminal history (in criminal cases). In criminal cases, a copy of the defendant’s criminal history, if any, must be filed in a separate record appendix volume. The cover of that volume must clearly indicate that it includes impounded material.
• Transcript or substitute (when required). 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.
• Filing method. The motion, memorandum, record appendix, and any subsequently filed opposition and supplemental record appendix shall be filed electronically if the filing party is represented by counsel. Self-represented litigants may file electronically through eFileMA.com, or may file a single paper original or duplicate in the office of the Clerk of the Appeals Court. Any document required to be e-filed may be filed on paper upon allowance of a motion to waive the e-filing requirement, preferably filed in advance or with the document. The motion must show undue hardship, significant prejudice, exigency, or other good cause.
• Certificate of service. A certificate of service on all parties in the case, setting forth the name, address, email address, and telephone number of counsel or other party upon whom service has been made, shall be filed in the office of the Clerk of the Appeals Court. The certificate must state the name of the party represented by each counsel. Service may be made by personal delivery, first-class mail, or through eFileMA.com if the opposing party is registered or consents.
• Certificate of compliance (proportional font only). If the motion and supporting memorandum are produced in a proportional font, a certificate of compliance with the length limit is required. The certificate must include the name and size of the font used, the number of non-excluded words, and the name and version of the word-processing program used.

Response or opposition

A response or opposition setting forth reasons why the motion should or should not be granted may be filed. It is due within seven days if the respondent was served in hand on the day the motion was filed or within ten days of the filing date if served by mail. The single justice may, and frequently does, shorten or enlarge the time for filing a response or opposition.

The response or opposition memorandum may not exceed fifteen pages of text in monospaced font or 3,500 words in proportional font in compliance with Mass.R.A.P. 20 (a) (4)(A)-(C).

The response may be accompanied by a supplemental record appendix containing such additional portions of the record that were before the trial court and are necessary for adjudication, and which the movant failed to include in its record appendix.

Practice notes

Before filing any response or opposition, counsel should call the clerk's office to determine whether the single justice intends to request one.

Hearings are not routinely granted; therefore, the motion should be complete on its face. If a hearing is scheduled, the single justice will set the date, time, and place for the hearing. Some single justices, in their discretion, will allow the hearing to take place by videoconference.