Clarification on Appeal Rules in Massachusetts

On July 14, 2014, Judge Botsford issued clarification regarding the appeal rules in Massachusetts.

RECONSIDERATION STAYS APPEALS DEADLINE WHICH IS TEN DAYS AFTER RECONSIDERATION RULING
The filing of a motion for reconsideration, accompanied by all necessary supporting material, within ten days of issuance of notice of the order stays the time for filing the notice of appeal and the application.
The notice of appeal and application must then be filed within ten days of the trial court’s ruling on the reconsideration motion
If the applicant filed a motion for reconsideration in the trial court within ten days of issuance of notice of the order, the applicant shall so indicate in the application and must affirmatively represent that the notice of appeal and application have been filed within ten days of the ruling on the reconsideration motion or that the applicant has previously obtained the necessary extensions.
We trust that courts and judges faced with motions to enlarge time in such cases will be mindful, when acting on the motions, that a single justice of this court has already determined that the appeal is one warranting interlocutory appellate review. This does not mean that the motions to enlarge should automatically be allowed; every motion will need to be resolved on the merits. We do expect, however, that in these pending cases, the rules will be applied with some forgiveness, and that worthwhile appeals will not be dismissed lightly.

The above direct quote was taken from the Supreme Judicial Court decision, Commonwealth vs. Korey Jordan, Docket SJC-11440.

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