Legal Question in Civil Litigation in Massachusetts

Re: Pro se appeal of summary judgement

Wayyy too much to explain in this response. Grab a copy of the Rules of Appellate Procedure (Massachusetts Rules of Court). The forms, processes and time deadlines are laid out in the rules, and you have to pay strict attention to them. I recommend you hire an Appellate Attorney; an attorney skilled in Appellate rules and procedure.

Pro se appeal of summary judgement

I agree - get a lawyer:

Also see below:

� 11.2 CLAIMING THE APPEAL

In civil cases, unless otherwise provided by statute, the notice of appeal must be filed within 30 days of the date of entry of judgment, or within 60 days by any party if the Commonwealth or one of its officers or agencies is a party, except in child welfare cases, where the 30-day provision applies in all cases.

This is not advice, and is not complete.

It should be noted that, for the purposes of Mass.R.App.P. 4(a), quasi-public bodies such as the Massachusetts Bay Transportation Authority (MBTA) are not considered part of the Commonwealth or its agencies, and the appeal must be claimed within 30, not 60, days of judgment. Okongwu v. Stephens, 396 Mass. 724, 727-32, 488 N.E.2d 765, 767-70 (1986).

The notice of appeal must be filed with the clerk of the lower court; if it is filed by mistake in the appellate court, the appellate clerk will note its filing date and will transmit it to the appropriate lower court, where it will be deemed filed on the date so noted. Mass.R.App.P. 4(a).

The notice of appeal must be accepted and docketed by the clerk, even if the clerk believes that no appeal is available or the notice is defective.