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Massachusetts District/Municipal Courts Appellate Division Appeals Rule 14: Computation and Extension of Time

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(a) Computation of Time. In computing any period of time prescribed by these rules, by order of court, or by applicable statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall extend until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this rule "legal holiday" means those days specified in G.L. c. 4, s. 7 and any other day appointed as a holiday by the President or the Congress of the United States or so designated by the laws of the Commonwealth.

(b) Enlargement of Time. The trial court or Appellate Division for good cause shown may upon motion enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the time for filing a notice of appeal may not be enlarged beyond 180 days from the date of entry of the judgment or order sought to be reviewed.

(c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him or her and the paper is served by mail, 3 days shall be added to the prescribed period.

Effective July 1, 1994.

Commentary: This rule is identical to Mass. R.A.P. 14 except that the references to "appellate court" in section (b) are changed to "Appellate Division" and the reference in that section to a "one year" maximum enlargement of time for filing a notice of appeal is changed to "180" days. See Rule 4(c).

Also, section (b) refers to the authority of the trial court or Appellate Division to enlarge a required time period. Generally, the ruling on a request for an enlargement of time will be made by the trial court or Appellate Division depending on where the case is at the time the enlargement is sought. For example, where an appeal is transmitted to the Appellate Division under Rule 8A or 8B, without the timely filing of briefs in the trial court, an enlargement of time for filing must be sought in the Appellate Division. See Rule 19(d).