Massachusetts Family Law Appeals Lawyer

An appeal allows a party to request a higher court’s review of a lower court’s decision. The goal is to overturn or modify it. In the realm of family law, the process follows the same basic principles. In Massachusetts, the Appeals Court handles appeals from all trial-level courts. The court’s review relies on the trial court records. It also considers briefs submitted by both the appellants (the parties filing the appeal) and the appellees (the parties responding to the appeal).

You can file an appeal for both criminal and civil decisions, including those made in the Probate and Family Court. However, it is important to understand the grounds for appeal in family law cases. A mere belief that the trial judge misjudged the evidence does not, by itself, constitute a valid reason for appeal. An appeal is typically only successful if the judge abused their discretion in making their decision. In family law cases, judges generally have broad discretion. Appeals based on perceived errors in evidence are rarely successful unless the decision lacks any basis. The best approach is to present compelling arguments and solid evidence at trial. This can help avoid the need for appeal.

Beginning an Appeal in Massachusetts

To initiate an appeal, file a Notice of Appeal within 30 days of the judgment. Submit it to the trial court. The trial clerk will then prepare the record on appeal. If transcripts are required, the appellant must request them within 10 days after the notice of appeal is filed. Once the trial clerk notifies the appellate court that the record is complete (which may take some time) and the docketing fee is paid, the appeal is officially filed. From that point, the appellant has 14 days to submit a docketing statement and 40 days to file the main brief. The appellee then has 30 days to submit their response, and the appellant has 14 days to file a reply brief. It’s important to note that certain documents must be filed electronically as required by the Appeals Court.

Rules Governing Family Law Appeals

The Massachusetts Rules of Appellate Procedure outline the guidelines for filing an appeal, including rules regarding the format of briefs and other documents, deadlines, oral arguments, and the overall process. These rules are essential for ensuring that all appeals are handled consistently and fairly. A full description of the rules can be found on the official Massachusetts Appeals Court website.

Appellate Briefs

An appellate brief presents the legal arguments of each party in relation to the issues on appeal. The briefs should address specific errors alleged to have occurred in the trial court, referencing relevant legal precedents and authority.

Since oral arguments in appeals are typically brief, the outcome of the case often depends heavily on the content of the briefs. As a result, it is crucial that the briefs are well-crafted, thoroughly reasoned, and properly formatted. The Massachusetts Appeals Court provides resources to assist in the preparation of appellate briefs, which can be accessed on its website.

Costs of a Family Law Appeal in Massachusetts

Family law appeals can be costly, and it is important to carefully consider whether an appeal is worth pursuing. In addition to attorney fees, there is a filing fee of $300. If transcripts are necessary, these costs can add up, particularly if the trial was lengthy. Additionally, the cost of photocopying the trial record must be factored in. Generally, appeals focusing on legal issues or procedural matters tend to be less expensive than those based on the sufficiency of evidence, as the latter requires extensive review and analysis of the trial record, which can be time-consuming and costly.

Oral Arguments

Once an appeal is filed, oral arguments provide an opportunity for the parties or their attorneys to present their case before the appellate court. The appellant has 15 minutes to present their argument, followed by the appellee, who will argue in opposition. It is important to note that the Appeals Court does not allow attorneys or parties to read from prepared statements, briefs, or the trial record. As such, it is essential for the appellant and their lawyer to have a deep understanding of the case. During oral arguments, the justices of the Appeals Court frequently ask questions of the parties, which further emphasizes the importance of thorough preparation.

After the oral arguments, the court will issue its decision. The court may either affirm, reverse, or modify the lower court’s decision, or it may remand the case for further proceedings in the lower court.

Options After the Appellate Decision

Family law appeals are typically heard by a panel of judges. After the decision is rendered, the parties may file a motion for a rehearing, but this must be done within 14 days of the appellate decision. The motion should highlight any points of law or fact that the party believes the court overlooked.

Additionally, it is possible to appeal an appellate decision to the Massachusetts Supreme Judicial Court, but this must be done within 20 days. It is important to understand that the Supreme Judicial Court is not required to hear every appeal and may choose not to take further action on the case.

Additional Resources

The Appeals Court of Massachusetts maintains a Help Center Page

If you have any questions about appeals, you may also schedule a free consultation with our office to speak with a professional Massachusetts family law appeals lawyer. Call (866) 995-6663 during regular business hours, and we will get back to you at our earliest opportunity.