Mass. R. App. P. 22

As amended through May 7, 2024
Rule 22 - Oral Argument
(a) Notice of Argument; Postponement. The clerk shall advise all parties of the time and place at which oral argument will be heard. A request for postponement of the argument must be made by motion filed reasonably in advance of the date fixed for hearing.
(b) Time Allowed for Argument. Unless otherwise enlarged or limited by the appellate court, each side will be allowed 15 minutes for argument, except in a criminal case in which the defendant is appealing from a conviction of murder in the first degree, in which case each side will be allowed 20 minutes for argument. Reasonably in advance of the date fixed for oral argument, a party may move for additional time for good cause shown. The appellate court may terminate the argument whenever in its judgment further argument is unnecessary.
(c) Order and Content of Argument.
(1) Oral Argument. The appellant will argue first. Nothing argued in the brief shall be deemed to be waived by a failure to argue orally.
(2) Post-Argument Filings. After the oral argument of a case has been concluded or the case has been submitted on the documents without oral argument, no brief, memorandum, or letter relating to the case, except a citation of supplemental authorities letter filed pursuant to Rule 16(l), shall be submitted to the court, except to correct a factual misstatement during oral argument, or when such a writing was expressly allowed or requested by the court during the argument, or upon allowance of a motion to submit such a writing. Any such writing allowed during oral argument shall state that the court allowed the submission. A submission containing argument on the merits and not otherwise in compliance with this rule may be struck by the court.
(d) Cross and Separate Appeals. A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the appellate court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.
(e) Non-appearance of Parties. Parties are expected to appear for oral argument unless prior arrangements have been made with the court. If the appellee fails to appear to present argument, the appellate court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee, if present. If neither party appears, the case will be decided on the briefs unless the appellate court shall otherwise order.
(f) Submission on Briefs. By agreement of the parties, a case may at any time be submitted for decision on the briefs, but the appellate court may direct that the case be argued. At any time, any party may, by written notice filed and served, waive the party's right to oral argument. No criminal case in which the defendant was convicted of murder in the first degree may be submitted for decision on the briefs without oral argument unless the appellate court or a justice thereof shall have approved the submission prior to the week the case has been scheduled for argument.
(g) Use of Physical Exhibits at Argument; Removal. If physical exhibits other than documents are to be used at the argument, the party shall arrange to have them placed in the court room before the court convenes on the date of the argument. After the argument, the exhibits shall be left with the clerk unless the court otherwise directs. If exhibits are not reclaimed by the party within a reasonable time after notice is given by the clerk, they shall be destroyed or otherwise disposed of as the clerk shall think best.

Mass. R. App. P. 22

Amended May 15, 1979, effective 7/1/1979, December 2, 1983, effective 1/1/1984; amended effective 5/1/1994; 11/1/1994; amended May 3, 2002, effective 9/3/2002; amended October 31, 2018, effective 3/1/2019.