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Massachusetts District/Municipal Courts Appellate Division Appeals Rule 13: Filing and Service

[Disclaimer]

(a) Filing. Papers required or permitted to be filed in connection with an appeal pursuant to these rules shall be filed with the clerk of the trial court and not at the court address where the Appellate Division sits, except as otherwise expressly provided. Filing may be accomplished by first class mail, either registered or unregistered, addressed to the clerk of the trial court, 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 deemed filed on the date of receipt 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.

(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 or her on all other parties to the appeal. 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 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 shall permit papers to be filed without acknowledgment or proof of service but shall require such acknowledgment of proof to be filed promptly thereafter.

(e) Filing in the Appellate Division. Where filing of documents in the Appellate Division is expressly allowed or required by these rules, such filing shall comply with the provisions of this rule, provided that such filings shall be addressed to the "Appellate Division" at the court address provided for the appropriate Appellate Division district involved in the appeal.

Effective July 1, 1994.

Commentary: This rule is similar to Mass. R.A.P. 13 except that it is modified to reflect the fact that most filings relating to Appellate Division appeal are made in the trial court and not in the Appellate Division.

Section (e) has been added for those instances where a document must be filed in the Appellate Division. Each Appellate Division district has a mailing address, usually at the court in which the Presiding Justice of that district sits. This address can be obtained from the clerk of the trial court.