Massachusetts Appellate Procedure Rule 10: Docketing the Appeal
(1) Civil Cases. Within ten days after receiving from the clerk of the lower court notice of assembly of the record, or of approval by the lower court of an agreed statement, each appellant, including each cross-appellant, shall pay to the clerk of the appellate court the docket fee fixed by law, and the clerk shall thereupon enter the appeal of such appellant or cross-appellant upon the docket.
(2) Criminal Cases. Upon receipt of notice of assembly of the record, pursuant to Rule 9(d), or of approval by the lower court of an agreed statement, pursuant to Rule 8(d), the clerk of the appellate court shall enter the appeal upon the docket.
(3) In General. Upon docketing of the appeal, the clerk shall serve written notice thereof upon each party and the clerk of the lower court. Upon motion, the lower court or a single justice of the appellate court may, for cause shown, enlarge the time for docketing the appeal or permit the appeal to be docketed out of time. An appeal shall be docketed under the title given to the action in the lower court, with the appellant identified as such, but if such title does not contain the name of the appellant, his name, identified as appellant, shall be added to the title.
(b) Filing. The clerk of the appellate court shall file upon receipt any part of the record or any paper authorized to be filed in lieu of the record under any provisions of Rule 9, following timely docketing of the appeal. The clerk shall immediately give notice to all parties of the date of each such filing.
(c) Dismissal for Failure of Appellant in a Civil Case to Comply With Rule 9(c) or Rule 10(a). If any appellant in a civil case shall fail to comply with Rule 9(c) or Rule 10(a)(1) or (3), the lower court may, on motion with notice by any appellee, dismiss the appeal, but only upon a finding of inexcusable neglect; otherwise, the court shall enlarge the appellant's time for taking the required action. If, prior to the lower court's hearing such motion for noncompliance with Rule 9(c), the appellant shall have cured the noncompliance, the appellant's compliance shall be deemed timely.
Amended June 27, 1974, effective July 1, 1974, amended effective February 24, 1975; amended May 15, 1979, effective July 1, 1979; amended effective May 1, 1994; amended July 28, 1999, effective September 1, 1999; amended effective October 1, 2001.