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Massachusetts Notice of Appeal

Which deadline applies, 30 days or 10, turns on which trial court entered the judgment and, for District Court cases, the type of case, and unlike some states, Massachusetts lets a court extend either one for excusable neglect.

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Introduction

In Massachusetts, a notice of appeal in a civil case is generally due within 30 days after the entry of the judgment, decree, appealable order, or adjudication appealed from, not from service or mailing (Mass. R. App. P. 4(a)(1)(A)). That 30-day, Appeals Court track covers appeals from the Superior Court, Probate and Family Court, Land Court, and Housing Court, along with District Court and Boston Municipal Court unemployment and zoning appeals. A separate, shorter rule applies to the great majority of District Court and Boston Municipal Court civil cases, which appeal instead to the Appellate Division of the District Court: there, the notice of appeal, together with the filing fee, is due within only 10 days after entry of judgment (Dist./Mun. Cts. R.A.D.A. 4(a)). Using the 30-day Appeals Court rule for a District Court judgment can mean filing too late. If a party timely files a motion under Massachusetts Rule of Civil Procedure 50(b) or 52(b), or, if served within 10 days of judgment, Rule 59 or 60(b), the time to file the notice of appeal runs for all parties from the entry of the order disposing of the last remaining motion (Mass. R. App. P. 4(a)(2)(A)); a notice filed before that motion is decided becomes effective only when that order is entered (4(a)(2)(B)). The District Court Appellate Division track has an equivalent provision restarting its 10-day clock from disposition of a Rule 52(b), 59, or 60 motion. Unlike some states, Massachusetts allows a limited extension: on a showing of excusable neglect, the lower court may extend the Appeals Court deadline by up to 30 additional days (Mass. R. App. P. 4(c)), and may extend the District Court Appellate Division deadline for excusable neglect or other good reason by up to 10 additional days, capped at 180 days after entry of the judgment (Dist./Mun. Cts. R.A.D.A. 4(c)). The notice is filed with the clerk of the lower court that entered the judgment, never with the appellate court, under both tracks (Mass. R. App. P. 3(a); Dist./Mun. Cts. R.A.D.A. 3(a)). Massachusetts Rule of Appellate Procedure 3(c) requires the notice to designate the judgment, decree, adjudication, or separately appealable order being appealed from; an appellant may limit the appeal to part of a judgment by expressly stating that the notice is so limited. Filing the notice, which is how an appeal is taken, itself stays execution of the judgment in most civil cases, with no bond required (Mass. R. Civ. P. 62(d)); a judgment for an injunction or in a receivership matter is carved out and needs a court order or bond under Rule 62(c). Appeals Court entry costs $300 per appealing party, but that fee is due later, within 14 days of receiving the lower court clerk's notice that the record has been assembled, not when the notice of appeal itself is filed (confirm the current fee with the clerk). The District Court Appellate Division track charges its own filing fee due with the notice itself; confirm the current amount with the clerk. A small-claims judgment is not reviewed on the existing record: only the defendant who appeared and was found against may claim a jury-of-six trial, a full new trial, by filing a claim of trial by jury within 10 days after receiving the magistrate's finding, together with an affidavit that there are questions of law and fact requiring a jury trial and that the trial is intended in good faith, a $25 entry fee, and a $100 surety bond (G.L. c. 218, s. 23). This page covers a civil appeal from a trial court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due within 30 days after entry of the judgment, decree, appealable order, or adjudication appealed from, but only within 10 days after entry of judgment if the case is a District Court or Boston Municipal Court civil case that appeals to the Appellate Division rather than the Appeals Court (Mass. R. App. P. 4(a)(1)(A); Dist./Mun. Cts. R.A.D.A. 4(a)). If a party timely files a motion under Mass. R. Civ. P. 50(b) or 52(b), or, if served within 10 days of judgment, Rule 59 or 60(b), the time to appeal runs for all parties from entry of the order disposing of the last remaining motion (Mass. R. App. P. 4(a)(2)(A)).

  2. 2

    Which deadline applies depends on which trial court entered the judgment and, in District Court and Boston Municipal Court cases, on the type of case. Superior Court, Probate and Family Court, Land Court, and Housing Court judgments go to the Appeals Court on the 30-day clock, as do District Court and Boston Municipal Court unemployment and zoning appeals; the great majority of other District Court and Boston Municipal Court civil judgments go instead to the Appellate Division of the District Court on the 10-day clock.

  3. 3

    Unlike some states, Massachusetts lets a court extend the deadline. On a showing of excusable neglect, the lower court may extend the Appeals Court deadline by up to 30 additional days (Mass. R. App. P. 4(c)), or extend the District Court Appellate Division deadline for excusable neglect or other good reason by up to 10 additional days, capped at 180 days after entry of the judgment (Dist./Mun. Cts. R.A.D.A. 4(c)).

  4. 4

    File the notice with the clerk of the lower court that entered the judgment, never with the appellate court, under either track (Mass. R. App. P. 3(a); Dist./Mun. Cts. R.A.D.A. 3(a)). Massachusetts Rule of Appellate Procedure 3(c) requires the notice to designate the judgment, decree, adjudication, or separately appealable order being appealed from, and lets an appellant limit the appeal to part of a judgment by expressly stating that the notice is so limited.

  5. 5

    Appeals Court entry costs $300 per appealing party, but that fee is due later, within 14 days of receiving the lower court clerk's notice that the record has been assembled, not when the notice of appeal is filed (confirm the current fee with the clerk). The District Court Appellate Division track charges its own filing fee due with the notice itself; confirm the current amount with the clerk.

  6. 6

    Filing the notice, which is how an appeal is taken, itself stays execution of the judgment in most civil cases, with no bond required (Mass. R. Civ. P. 62(d)). Before the notice is filed, execution is already stayed until the time to appeal expires. A judgment for an injunction or in a receivership matter is carved out and is not stayed without a court order or bond under Rule 62(c).

  7. 7

    A small-claims judgment is not reviewed on the record. Only the defendant who appeared and was found against may claim a jury-of-six trial, a full new trial, by filing a claim of trial by jury within 10 days after receiving the magistrate's finding, together with an affidavit that there are questions of law and fact requiring a jury trial and that the trial is intended in good faith, a $25 entry fee, and a $100 surety bond; a plaintiff who used the small-claims procedure is deemed to have waived a trial by jury and any right of appeal to a jury-of-six session, but regains the right to claim a jury if the defendant appeals (G.L. c. 218, s. 23).

Key decisions before you file

Before you file a Notice of Appeal in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

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Massachusetts Requirements for Notice of Appeal

  • Two Deadlines Depending on the Trial Court

    The notice of appeal is due within 30 days after entry of judgment on the Appeals Court track (Superior Court, Probate and Family Court, Land Court, and Housing Court), but within only 10 days after entry of judgment for the great majority of District Court and Boston Municipal Court civil cases that go to the Appellate Division (Mass. R. App. P. 4(a)(1)(A); Dist./Mun. Cts. R.A.D.A. 4(a)).

  • Tolling for Post-Trial Motions

    A timely motion under Mass. R. Civ. P. 50(b) or 52(b), or, if served within 10 days of judgment, Rule 59 or 60(b), restarts the clock: the time to appeal runs for all parties from entry of the order disposing of the last remaining motion (Mass. R. App. P. 4(a)(2)(A)).

  • Excusable-Neglect Extension Available

    On a showing of excusable neglect, the lower court may extend the Appeals Court deadline by up to 30 additional days (Mass. R. App. P. 4(c)), or extend the District Court Appellate Division deadline for excusable neglect or other good reason by up to 10 additional days, capped at 180 days after entry of judgment (Dist./Mun. Cts. R.A.D.A. 4(c)).

  • Filed With the Trial Court Clerk

    The notice of appeal is filed with the clerk of the lower court that entered the judgment, never with the appellate court, under both the Appeals Court track (Mass. R. App. P. 3(a)) and the District Court Appellate Division track (Dist./Mun. Cts. R.A.D.A. 3(a)).

  • Designation of the Judgment Appealed From

    Massachusetts Rule of Appellate Procedure 3(c) requires the notice to designate the judgment, decree, adjudication, or separately appealable order being appealed from, and lets an appellant limit the appeal to part of a judgment by expressly stating that the notice is so limited.

  • Appeals Court Entry Fee Is Due After Filing

    Appeals Court entry costs $300 per appealing party, but that fee is due within 14 days of receiving the lower court clerk's notice that the record has been assembled, not when the notice of appeal itself is filed (confirm the current fee with the clerk).

  • Filing Stays Execution Without a Bond

    Filing the notice, which is how an appeal is taken, stays execution of the judgment in most civil cases with no bond required (Mass. R. Civ. P. 62(d)); a judgment for an injunction or in a receivership matter is carved out and requires a court order or bond under Rule 62(c).

  • Small-Claims Appeal Is a Defendant-Only Jury Trial

    Only the defendant who appeared and was found against may claim a jury-of-six trial, a full new trial, by filing a claim of trial by jury within 10 days after receiving the magistrate's finding, together with an affidavit that there are questions of law and fact requiring a jury trial and that the trial is intended in good faith, a $25 entry fee, and a $100 surety bond (G.L. c. 218, s. 23).

Frequently Asked Questions