Amendments proposed to Rules of Appellate Procedure

The Standing Advisory Committee on the Rules of Appellate Procedure is seeking comments on proposed changes to Mass. R. App. P. 4, 10 and 29.

Rule 4

The proposed amendments to Rule 4(a) are intended to eliminate potential traps for the unwary and provide clarification with respect to the timing and effect of notices of appeal in civil cases, according to the committee.

Among other things, the amendments would:

• treat a notice of appeal from an otherwise appealable decision as effective even if it is filed before the decision is formally entered on the docket;
• clarify that an appeal from an otherwise appealable judgment, decree, order, or adjudication is effective even if a separate judgment did not enter in the lower court;
• provide that a notice of appeal filed before the filing, or during the pendency, of any of certain listed motions will become effective upon disposition of the last such motion; and
• clarify that a new or amended notice of appeal is required when a party wants to appeal from the disposition of any such motion.

No changes are proposed to Rule 4(b), which addresses appeals in criminal cases.

The proposed amendments also would update cross-references in Rules 3 and 9 that would be necessitated by the changes to Rule 4(a).

Rules 10 and 29

The proposed amendments to Rule 29 would add provisions regarding involuntary dismissal of appeals to the existing provisions in the rule regarding voluntary dismissal of appeals. No changes of substance are proposed to the existing provisions.

The proposed amendment to Rule 10 involves the deletion of Section (c), which addresses the involuntary dismissal of appeals.

The net effect of the proposed amendments will be to locate all provisions regarding dismissal of appeals in one rule, Rule 29.

Comments should be directed by July 22 to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA, 02108, or emailed to timothy.maguire@jud.state.ma.us. Comments received will be made available to the public.