Massachusetts Appeals Court outlines informal-brief pilot for self-represented appellants

The Massachusetts Appeals Court has an Informal Brief Pilot Program to make the appeals process easier for self-represented parties, a court presenter said in an educational video explaining how to prepare an informal brief and an informal record appendix.

The guidance says the program lets defendants and plaintiffs who represent themselves file a simplified “informal brief” instead of a full formal brief under the Massachusetts appellate rules. The informal brief omits some formal-brief sections such as a table of contents and table of authorities but still requires a case history, statement of facts with citations to the record appendix, legal argument with legal citations, a conclusion specifying requested relief, and a certificate of service.

Court staff emphasized eligibility and timing requirements. An appellant (the party filing the appeal) must have a panel-docket appeal (a “P” in the docket number); single-justice appeals (a “J” in the docket number) are not part of the pilot. An appellant must file both a brief and an informal record appendix or the appeal may be dismissed. From the appeals-court entry date, an appellant generally has 40 days to assemble the record appendix, prepare and serve the brief, and file them; each appellant must also file a docketing statement within 14 days after receiving the notice of entry of appeal before extensions will be granted.

The informal record appendix must have consecutive page numbers beginning with the cover page as page 1 and should include the trial-court or agency docket sheet; pleadings, motions and related memoranda; orders or judgments being appealed; exhibits; transcripts of evidentiary hearings or trials; and the notice of appeal. Impounded documents must be placed in a separately labeled impounded-record appendix with its own table of contents and pagination. Appellees are not required to file a supplemental appendix but may do so if they cite materials not included by the appellant; if the appellant filed a formal brief, an appellee must seek court permission to file a supplemental appendix.

The video sets out several technical and formatting rules for informal briefs: briefs must be typed, double-spaced, use a monospaced font such as Courier New at 12-point or larger, and be 30 pages or less (including the cover page). Every factual statement must include a specific citation to the record appendix or transcript (examples given include abbreviations such as RA for record appendix page and TRP for transcript page).

The guidance explains extensions of time: a party may file a motion to extend before the brief’s due date stating the reason and the requested extra time; total extensions cannot exceed 120 days, and many parties request 60 days. The Suffolk University Law School Legal and Innovation Technology Lab and CourtFormsonline.org were identified in the video as sources of sample motion forms to request extra time.

E-filing instructions in the video direct litigants to save documents as PDFs, create an account at efilema.com, upload the brief and record appendix into the appeals-court case, and serve other parties through eFileMA. The court’s website provides the informal-brief forms, sample briefs, a sample table of contents for a record appendix, and additional resources. The video also warns that artificial intelligence can invent nonexistent cases or quotations and should not be solely relied on for legal research; litigants should verify citations to Massachusetts or federal authorities.

After briefs are filed, the appeals court will notify parties when a three-judge panel is assigned. The court may schedule oral argument or decide the case on the briefs; the video states that a three-judge panel usually issues a decision within about 130 days after it begins review. The video concludes by directing viewers to the appeals-court website and other legal-resource sites for forms and examples.