If you are considering an appeal to the Appellate Division, our
17 Trial Court Law Libraries have resources which can help. The Appellate
Division is not a separate court; rather, it sits as an “extension” of the
district court whose rulings it reviews….[It] has jurisdiction to hear appeals
in several types of District Court actions. The most common of these is the
civil action for money damages – usually tort and contract actions…. Handbook of Civil Procedure in the Massachusetts District Court at page 354. (Section 12.2 of the Handbook lists jurisdiction over other types of
appeals.)
Examples of Appellate Division jurisdiction:
Mass. General Laws Chapter 231, section 108 (contract and
tort)
Mass. General Laws Chapter 218, section 19C (certain
equitable orders)
Mass. General Laws Chapter 239, section 3 (summary
process)
Mass. General Laws Chapter 261, section 27D (indigency
appeals)
Mass. General Laws Chapter 90C, section 3 (civil motor
vehicle infraction appeals)
Appellate Division Filing Fee:
Mass. General Laws Chapter 262, section 2 (filing fee
with notice of appeal)
Appeal from Appellate Division to Appeals Court
Rules:
District/Municipal Courts Rule of Appellate Procedure 3 (how to appeal)
District/Municipal Courts Rule of Appellate Procedure 4 (when
to appeal "The notice of appeal required by Rule 3, together with the required filing fee, shall be filed with the clerk of the trial court within ten days after the date of the entry of the judgment in the case being appealed....")
District/Municipal Courts Rule of Appellate Procedure 5
(report by judge in trial court)
District/Municipal Courts Rules of Appellate Procedure 8A, 8B, 8C
(methods of appeal)Massachusetts Rules of Civil Procedure
Mass. Rules of Civil Procedure 46 (preserving rulings and
orders for appeal)
Mass. Rules of Civil Procedure 52(c) (method of obtaining
findings and rulings)
Mass. Rules of Civil Procedure 51(b) (appeal - the giving or
failure to give jury instructions)
Massachusetts Rules of Appellate Procedure
Mass. Rule of Appellate Procedure 1 (appeal from
Appellate Division to Appeals Court)
Print and CD Resources
Handbook of Civil Procedure in the Massachusetts District Court (helpful chart Ten Steps for Appeal under Rule 8C at p. 386)
Appellate Practice in Massachusetts
Effective Appellate Advocacy (CD set)
Massachusetts Rules of Court Volume I - State
Effective Appellate Advocacy (CD set)
Massachusetts Rules of Court Volume I - State
Additionally, patrons of our 17 Trial Court Law Libraries have access to databases including free in-library access to WestLaw and Lexis legal databases, to search for cases, statutes and other materials to help in their appeal.
Good reading!
