Overview of M.A.C. Rule 31.0 Electronic Notification of Court Orders, Notices, and Decisions in Lieu of Paper Notice

Voluntary Electronic Notice for Self-Represented Litigants:

Pursuant to M.A.C. Rule 31.0, all self-represented litigants may register with the Appeals Court to receive only electronic (i.e., e-mail) notification of actions, orders, judgments, rescripts, and decisions entered by the Appeals Court, including notices scheduling an oral argument, in an appeal in which they are participating. Persons who register to receive electronic notification will not receive paper notice by first-class U.S. mail. Persons who do not register to receive electronic notification will receive only paper notice sent by first-class U.S. mail and will not receive any electronic notice.

At this time, neither a paper nor PDF copy of the Appeals Court's decision or rescript will accompany the electronic notification. Instead, the Appeals Court will issue an electronic "Notice of Decision" that will state that the court has issued a decision, the language of the Appeals Court's disposition (e.g., "judgment affirmed"), and direct the recipient to the website of the Reporter of Decisions, where the decision can be read and printed.

Mandatory Electronic Notice for Attorneys:

M.A.C. Rule 31.0 makes mandatory electronic notice participation for attorneys with cases pending in the Appeals Court.  The Rule provides:  "All attorneys will receive electronic notifications in lieu of paper notices of the court's actions, orders, judgments, rescripts, and decisions.  The Court will use the business email addresses on file with the Board of Bar Overseers pursuant to S.J.C. Rule 4:02(11)."

 

Registration with eFileMA.com Constitutes Consent to Electronic Notice:

Pursuant to M.A.C. Rule 13.0(b), registration with eFileMA.com constitutes consent (1) to receive electronic service from attorneys or self-represented parties in all cases and (2) to receive electronic notifications from the Court in lieu of paper notices of the Court's actions, orders, judgments, rescripts, and decisions. 

Consent Form:

Beyond registration with eFileMA.com, interested persons may register by signing and filing the "Consent to Electronic Notification Form" (Consent Form). The completed Consent Form can be filed with the Clerk's Office either as an original paper by hand delivery or by first-class mail, or by scanning it - with the required written signature - in portable document format (PDF) and emailing the PDF to [e-mail] with the subject header "E-Notice Consent Registration."

Registrations for attorneys will be applied to all pending and future notifications entered in the Appeals Court involving that attorney. Once the Consent Form has been registered for an attorney, there is no need to register separately for each appeal. Self-represented litigants must register separately in each appeal for which they seek to receive electronic notice by specifying the active docket numbers in their Consent Form.

Additional Resources

E-notification Consent

Limits on Number of E-mail Addresses:

Only one e-mail address per attorney or self-represented litigant can be used at a time.  Each attorney can designate a second person employed at the same law firm or office (e.g., co-counsel, secretary, assistant district attorney, etc.) to receive a copy of all electronic notifications sent to the attorney.

Registrants' Responsibilities:

It is the responsibility of the attorney or self-represented litigant to verify that their e-mail inbox is working properly and receiving incoming e-mails at all times from the Appeals Court. It is the responsibility of the registered attorney or self-represented litigant to submit a Change of Electronic Mail Address Form (Change of Address Form) to update and change to a different e-mail address. The completed Change of Address Form can be filed with the Clerk's Office either as an original paper by hand delivery or by first-class mail, or by scanning it - with the required written signature - in portable document format (PDF) and emailing the PDF to [e-mail] with the subject header "E-Notice Change of Address."

Additional Resources

Change of E-mail Address Form