90- 351 C.M.R. ch. 13, § 5
When the record on appeal has been prepared pursuant to §4 and filed with the clerk of the division, the clerk of the division shall notify each party in writing of the briefing schedule. The appellant has 30 days after the date the record is filed to file a brief. The appellee has until the date designated by the division in the briefing schedule, or 20 days after receipt of the appellant's brief, whichever is later, to file a brief. The appellant has 15 days after the due date for the appellee's brief to file a reply brief. A brief is considered filed when received by the division. Receipt may include receipt by e-mail, provided the original and all required copies are sent by U.S. mail or other carrier on or before the due date.
When a cross-appeal has been filed, the briefing schedule is as follows:
The appellant has 30 days after the record is filed to file a brief. The appellee/cross-appellant shall consolidate the appellee's brief and the cross-appellant's brief in a single brief to be filed on or before the date designated by the division in the briefing schedule, or 20 days after receipt of the appellant's brief, whichever is later. The cross-appellee has 20 days after the due date of the appellee/cross/appellant's brief to file a response. The appellant/cross-appellee shall consolidate the reply brief and response to the cross-appellant's brief in a single brief. The appellee/cross-appellant has 15 days after the due date for the cross-appellee's brief to file a reply brief. A brief is considered filed when received by the division.
A party may file a written motion to extend the time to file a brief before the date the brief is due. The clerk shall grant motions for extensions of 14 or fewer days if the moving party represents that there is no objection to the motion. Additional unopposed requests for extensions may be granted for good cause. The panel acting through the presiding judge may grant motions for extensions to which a party objects, after reviewing the circumstances of the appeal. The clerk or the panel acting through the presiding judge may not grant a motion to extend filed after the due date of the brief for which the motion is filed.
Unless otherwise ordered by the panel acting through the presiding judge, five copies of each brief must be filed with the clerk of the division and one copy of each brief must be served on the counsel or advocate for each of the other parties separately represented. If a party is unrepresented, a copy of each brief must be sent to that party at the party's last-known address. The panel acting through the presiding judge may reject a brief that is not accompanied by acknowledgement or certificate of service that shows compliance with this subsection.
If an appellant fails to comply with this rule, the appeal may be dismissed under §3.5. If an appellee fails to comply with this rule, the panel may decide the appeal without considering submissions of the appellee, including oral argument in an appeal in which oral argument is otherwise allowed.
90- 351 C.M.R. ch. 13, § 5