Issue: In Massachusetts, does the appeal process begin with date of notice or date of judgment?
| Area of Law: | Litigation & Procedure |
| Keywords: | Appeal process; Date of notice; Date of judgment |
| Jurisdiction: | Massachusetts |
| Cited Cases: | None |
| Cited Statutes: | Mass. R. Civ. P. 77(d); Mass. R. App. P. 4; Mass. D./Mun. R. App. Div. App. 28; Mass. Gen. Laws Ann. ch. 231, ' 109; Mass. R. App. P. 4(a); Mass. R. App. P. 1(c) |
| Date: | 01/01/2001 |
The statute governing appeals from the Appellate Division to the Appeals Court, Mass. Gen. Laws Ann. ch. 231, ‘ 109 (West 2000), states that an appeal from a Afinal decision@ of the Appellate Division must be filed with the clerk of the District Court within thirty days after notice of the Appellate Division=s decision. The notice is described in Rule 28 of the District/Municipal Court Rules for Appellate Division Appeals. That rule provides that, after it decides an appeal, the Appellate Division will mail its decision and order to the clerk of the trial court, along with any opinion. The clerk then Ashall prepare, sign and enter judgment in accordance with the order.@ Mass. D./Mun. R. App. Div. App. 28. The clerk must note the judgment on the trial court docket. After this entry of judgment, the clerk Ashall forthwith@ send notice of entry of judgment to the parties, with a copy of the decision and order, and any opinion. Id.
Under ch. 231, ‘ 109 and Rule 28, the appellate clock does not begin to run until the notice was sent. See also Mass. R. Civ. P. 77(d) (lack of notice of entry by the court clerk does not affect the time to appeal, except as permitted in Mass. R. App. P. 4).
Starting the appeal period from the date of notice, rather than the date of entry of judgment, is a departure from the standard rule set forth in the Massachusetts Rules of Appellate Procedure. There, […]