The SJC has amended
Mass. Rules of Appellate Procedure Rule 4 effective May 1, 2013. According to the Reporter's Notes:
"The 2013 amendment to Appellate Rule 4(a) changed item (3) to provide that, if served within ten days after entry of judgment, a motion under Mass. R. Civ. P. 59 to alter or amend a judgment or a motion under Mass. R. Civ. P. 60 for relief from judgment will toll the time period to claim an appeal from the underlying judgment.
"The language “however titled” in the amended version is intended to make clear that the substance and not the title of the motion should control. See Pentucket Manor Chronic Hospital, Inc. v. Rate Setting Commission, 394 Mass. 233, 235-236 (1985). Thus a post-judgment motion under either Mass. R. Civ. P. 59 or 60, whether titled as a motion to alter, amend, or vacate, for relief from judgment, or for reconsideration, if served within ten days, will toll the time period to file a notice of appeal."
You can find all Massachusetts court rules at
Massachusetts Rules of Court.
