Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 13: Filing and service

Effective Date: 01/01/1990
Updates: Amended October 23, 1989, effective January 1, 1990

Contact

Trial Court Law Libraries

(a) Filing

Papers required or permitted to be filed in the appellate court shall be filed with the clerk. Filing may be accomplished by first class mail, either registered or unregistered, addressed to the clerk, but filing shall not be timely unless the papers are received by the clerk within the time fixed for filing, except that briefs and appendices shall be docketed on the date of receipt and shall be deemed timely filed if (i) received within the time fixed for filing or (ii) accompanied by an affidavit signed by counsel of record attesting that the day of mailing was within the time fixed for filing. If a motion requests relief which may be granted by a single justice, the justice may permit the motion to be filed with him, in which event he shall note thereon the date of filing and shall thereafter transmit it to the clerk.

(b) Service of all papers required

Copies of all papers filed by any party and not required by these rules to be served by the clerk shall, at or before the time of filing be served by a party or person acting for him on all other parties to the appeal or review. Service on a party represented by counsel shall be made on counsel.

(c) Manner of service

Service may be personal or by first class mail. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by first class mail is complete on mailing.

(d) Proof of service

Papers presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement under the penalties of perjury of the date and manner of service and of the name of the person served, signed by the person who made service. Proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgment or proof of service but shall require such acknowledgment or proof to be filed promptly thereafter.

Reporter's notes

(1989) Mass.R.A.P. 31(b) requires that “[a]ll papers filed with the clerk ... shall be entered chronologically in the docket ...” But prior to this amendment, Mass.R.A.P. 13(a) stated that “briefs and appendices shall be deemed filed on the day of mailing if the most expeditious form of delivery by mail, excepting special delivery, is used.” This clash in language has caused some problems for clerks, including additional clerical time spent modifying computerized dockets. The amended rule requires briefs and appendices be docketed on the date of receipt, but by utilizing affidavits by counsel, continues to permit counsel to mail within the time fixed for filing, even if receipt at the clerk’s office is subsequent thereto. Consequently, there will no longer be a need for asterisks or other special notations on the dockets.

(1973) Appellate Rule 13 governs filing and service requirements. Papers may be filed by mail; they must be actually received by the clerk within the filing deadline, except that briefs and appendices are regarded as having been filed upon mailing so long as the most expeditious form of mailing is utilized; special delivery need not be used. Service as between parties is, if accomplished by first class mail, complete upon mailing. Personal service may be made to a responsible person in the office of counsel for the recipient.

Downloads

Contact

Updates: Amended October 23, 1989, effective January 1, 1990

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Tell us what you think