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Massachusetts Appeal Process Guidelines
Summary
Massachusetts appellate procedure requires complete record assembly under Mass. R. App. P. 9(e)(2) and timely filing of briefs per Mass. R. App. P. 19(a). Due process is protected by the Fourteenth Amendment and Massachusetts Declaration of Rights. Commonwealth v. Vinnie highlights the need for a complete record. Rule 10(c) allows record correction, and M.G.L. C. 211, § 3 grants the Supreme Judicial Court oversight to ensure justice.Full Conversation
Please write an appeal to Mass. Supreme Judicial Court based on do process violations, failure of lower court clerk to complete record based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*): "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to wave assembly of the record as a prerequisite to entering the appeal.”
Here's a draft of your appeal:
---
COMMONWEALTH OF MASSACHUSETTS
Supreme Judicial Court
Jay Lively,
Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
APPEAL TO SUPREME JUDICIAL COURT BASED ON DUE PROCESS VIOLATIONS AND FAILURE OF LOWER COURT CLERK TO COMPLETE RECORD
NOW COMES the Pro Se Appellant, Jay Lively, and respectfully submits this Appeal to the Supreme Judicial Court based on due process violations and the failure of the lower court clerk to complete the record.
*. Background:
- On *.*.*, a Notice of Appeal was filed with the Appeals Court.
- On *.*.*, a Notice of Assembly of Record on Appeal was sent to the Clerk of Appeals Court and counsel of record, but not to Lively.
- On *.*.*, Lively filed a second notice of appeal, and both appeals were combined into a single appeal.
- On *.*.*, the docket showed "Lower Court Assembly of the Record Package" but omitted essential documents (pRoS and CT *.*.*).
*. Due Process Violations and Clerk's Failure:
- The lower court clerk failed to complete the assembly of the record by not including the paginated return of service (pRoS) and certified transcript of *.*.* Land Court hearing (CT *.*.*).
- Despite Lively’s efforts to correct the record, the essential documents were not forwarded to the Appeals Court, as confirmed on *.*.* by the Appeals Court clerk.
*. Legal Basis:
- Based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*), "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to waive assembly of the record as a prerequisite to entering the appeal."
*. Relief Sought:
- Lively seeks an order from the Supreme Judicial Court to compel the lower court clerk to promptly assemble and forward the complete record, including the pRoS and CT *.*.*.
- Alternatively, Lively requests the Court to waive the assembly of the record as a prerequisite to entering the appeal.
*. Conclusion:
- The failure to complete the record violates Lively’s due process rights and impedes his ability to prepare a comprehensive brief for the Appeals Court.
- Lively respectfully requests that the Supreme Judicial Court grant the relief sought to ensure a fair and just appellate process.
Respectfully Submitted,
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished on this 12th day of March, * by E-File to Respondent:
DBNTC as trustee of Morgan Stanley ABS Capital I, Inc. Trust Series *-HE3; MERS
Att. Stephanie Sprague
Troutman Pepper
* Huntington Ave, 9th Floor,
Boston, MA *
P: *-*-*
Stephanie.sprague@troutman.com
Att. Krystle Tadesse
Troutman Pepper
* Financial Plaza,
Providence, RI *
*.*.*
Krystle.tadesse@troutman.com
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
Would you like to include any additional details or modifications?
---
COMMONWEALTH OF MASSACHUSETTS
Supreme Judicial Court
Jay Lively,
Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
APPEAL TO SUPREME JUDICIAL COURT BASED ON DUE PROCESS VIOLATIONS AND FAILURE OF LOWER COURT CLERK TO COMPLETE RECORD
NOW COMES the Pro Se Appellant, Jay Lively, and respectfully submits this Appeal to the Supreme Judicial Court based on due process violations and the failure of the lower court clerk to complete the record.
*. Background:
- On *.*.*, a Notice of Appeal was filed with the Appeals Court.
- On *.*.*, a Notice of Assembly of Record on Appeal was sent to the Clerk of Appeals Court and counsel of record, but not to Lively.
- On *.*.*, Lively filed a second notice of appeal, and both appeals were combined into a single appeal.
- On *.*.*, the docket showed "Lower Court Assembly of the Record Package" but omitted essential documents (pRoS and CT *.*.*).
*. Due Process Violations and Clerk's Failure:
- The lower court clerk failed to complete the assembly of the record by not including the paginated return of service (pRoS) and certified transcript of *.*.* Land Court hearing (CT *.*.*).
- Despite Lively’s efforts to correct the record, the essential documents were not forwarded to the Appeals Court, as confirmed on *.*.* by the Appeals Court clerk.
*. Legal Basis:
- Based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*), "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to waive assembly of the record as a prerequisite to entering the appeal."
*. Relief Sought:
- Lively seeks an order from the Supreme Judicial Court to compel the lower court clerk to promptly assemble and forward the complete record, including the pRoS and CT *.*.*.
- Alternatively, Lively requests the Court to waive the assembly of the record as a prerequisite to entering the appeal.
*. Conclusion:
- The failure to complete the record violates Lively’s due process rights and impedes his ability to prepare a comprehensive brief for the Appeals Court.
- Lively respectfully requests that the Supreme Judicial Court grant the relief sought to ensure a fair and just appellate process.
Respectfully Submitted,
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished on this 12th day of March, * by E-File to Respondent:
DBNTC as trustee of Morgan Stanley ABS Capital I, Inc. Trust Series *-HE3; MERS
Att. Stephanie Sprague
Troutman Pepper
* Huntington Ave, 9th Floor,
Boston, MA *
P: *-*-*
Stephanie.sprague@troutman.com
Att. Krystle Tadesse
Troutman Pepper
* Financial Plaza,
Providence, RI *
*.*.*
Krystle.tadesse@troutman.com
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
Would you like to include any additional details or modifications?
Could you make the appeal stronger and add additional case law or statutes, rules, or regulations that may also be applicable, please?
COMMONWEALTH OF MASSACHUSETTS
Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
APPEAL TO SUPREME JUDICIAL COURT BASED ON DUE PROCESS VIOLATIONS AND FAILURE OF LOWER COURT CLERK TO COMPLETE RECORD Supreme Judicial Court
Jay Lively,Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
NOW COMES the Pro Se Appellant, Jay Lively, and respectfully submits this Appeal to the Supreme Judicial Court based on due process violations and the failure of the lower court clerk to complete the record.
*. Background:
- On *.*.*, a Notice of Appeal was filed with the Appeals Court.
- On *.*.*, a Notice of Assembly of Record on Appeal was sent to the Clerk of Appeals Court and counsel of record, but not to Lively.
- On *.*.*, Lively filed a second notice of appeal, and both appeals were combined into a single appeal.
- On *.*.*, the docket showed "Lower Court Assembly of the Record Package" but omitted essential documents (pRoS and CT *.*.*).
*. Due Process Violations and Clerk's Failure:
- The lower court clerk failed to complete the assembly of the record by not including the paginated return of service (pRoS) and certified transcript of *.*.* Land Court hearing (CT *.*.*).
- Despite Lively’s efforts to correct the record, the essential documents were not forwarded to the Appeals Court, as confirmed on *.*.* by the Appeals Court clerk.
*. Legal Basis:
- Based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*), "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to waive assembly of the record as a prerequisite to entering the appeal."
- Mass. R. App. P. *(e)(*) mandates the inclusion of all crucial documents in the record assembly.
- Due process rights are protected under the Fourteenth Amendment of the U.S. Constitution and Article * of the Massachusetts Declaration of Rights.
*. Additional Case Law and Statutes:
- Commonwealth v. Vinnie, * Mass. *, * (*) emphasizes the necessity of a complete record for appellate review.
- Rule *(c) of the Mass. Rules of Appellate Procedure allows for the correction or modification of the record on appeal.
- M.G.L. c. *, § * provides the Supreme Judicial Court with superintendence power over inferior courts to ensure justice is administered fairly.
*. Relief Sought:
- Lively seeks an order from the Supreme Judicial Court to compel the lower court clerk to promptly assemble and forward the complete record, including the pRoS and CT *.*.*.
- Alternatively, Lively requests the Court to waive the assembly of the record as a prerequisite to entering the appeal.
*. Conclusion:
- The failure to complete the record violates Lively’s due process rights and impedes his ability to prepare a comprehensive brief for the Appeals Court.
- Lively respectfully requests that the Supreme Judicial Court grant the relief sought to ensure a fair and just appellate process.
Respectfully Submitted,
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished on this 12th day of March, * by E-File to Respondent:
- DBNTC as trustee of Morgan Stanley ABS Capital I, Inc. Trust Series *-HE3; MERS
Att. Stephanie Sprague
Troutman Pepper
* Huntington Ave, 9th Floor,
Boston, MA *
P: *-*-*
Stephanie.sprague@troutman.com
- Att. Krystle Tadesse
Troutman Pepper
* Financial Plaza,
Providence, RI *
*.*.*
Krystle.tadesse@troutman.com
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
Would you like to include any additional details or modifications?
Nice! There is also MRAP *, could you please add argument for MRAP *
Case Rating: *
Sure, here's the updated appeal with an argument for MRAP *:
---
COMMONWEALTH OF MASSACHUSETTS
Supreme Judicial Court
Jay Lively,
Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
APPEAL TO SUPREME JUDICIAL COURT BASED ON DUE PROCESS VIOLATIONS AND FAILURE OF LOWER COURT CLERK TO COMPLETE RECORD
NOW COMES the Pro Se Appellant, Jay Lively, and respectfully submits this Appeal to the Supreme Judicial Court based on due process violations and the failure of the lower court clerk to complete the record.
*. Background:
- On *.*.*, a Notice of Appeal was filed with the Appeals Court.
- On *.*.*, a Notice of Assembly of Record on Appeal was sent to the Clerk of Appeals Court and counsel of record, but not to Lively.
- On *.*.*, Lively filed a second notice of appeal, and both appeals were combined into a single appeal.
- On *.*.*, the docket showed "Lower Court Assembly of the Record Package" but omitted essential documents (pRoS and CT *.*.*).
*. Due Process Violations and Clerk's Failure:
- The lower court clerk failed to complete the assembly of the record by not including the paginated return of service (pRoS) and certified transcript of *.*.* Land Court hearing (CT *.*.*).
- Despite Lively’s efforts to correct the record, the essential documents were not forwarded to the Appeals Court, as confirmed on *.*.* by the Appeals Court clerk.
*. Legal Basis:
- Based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*), "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to waive assembly of the record as a prerequisite to entering the appeal."
- Mass. R. App. P. *(e)(*) mandates the inclusion of all crucial documents in the record assembly.
- Mass. R. App. P. *(a) requires the timely filing of briefs and appendices, which is impeded by the incomplete record.
- Due process rights are protected under the Fourteenth Amendment of the U.S. Constitution and Article * of the Massachusetts Declaration of Rights.
*. Additional Case Law and Statutes:
- Commonwealth v. Vinnie, * Mass. *, * (*) emphasizes the necessity of a complete record for appellate review.
- Rule *(c) of the Mass. Rules of Appellate Procedure allows for the correction or modification of the record on appeal.
- M.G.L. c. *, § * provides the Supreme Judicial Court with superintendence power over inferior courts to ensure justice is administered fairly.
*. Relief Sought:
- Lively seeks an order from the Supreme Judicial Court to compel the lower court clerk to promptly assemble and forward the complete record, including the pRoS and CT *.*.*.
- Alternatively, Lively requests the Court to waive the assembly of the record as a prerequisite to entering the appeal.
*. Conclusion:
- The failure to complete the record violates Lively’s due process rights and impedes his ability to prepare a comprehensive brief for the Appeals Court.
- Lively respectfully requests that the Supreme Judicial Court grant the relief sought to ensure a fair and just appellate process.
Respectfully Submitted,
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished on this 12th day of March, * by E-File to Respondent:
- DBNTC as trustee of Morgan Stanley ABS Capital I, Inc. Trust Series *-HE3; MERS
Att. Stephanie Sprague
Troutman Pepper
* Huntington Ave, 9th Floor,
Boston, MA *
P: *-*-*
Stephanie.sprague@troutman.com
- Att. Krystle Tadesse
Troutman Pepper
* Financial Plaza,
Providence, RI *
*.*.*
Krystle.tadesse@troutman.com
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
Would you like to include any additional details or modifications?
Sure, here's the updated appeal with an argument for MRAP *:
---
COMMONWEALTH OF MASSACHUSETTS
Supreme Judicial Court
Jay Lively,
Pro Se Appellant,
v.
Fremont Investment & Loan, et al.,
Appellee.
APPEAL TO SUPREME JUDICIAL COURT BASED ON DUE PROCESS VIOLATIONS AND FAILURE OF LOWER COURT CLERK TO COMPLETE RECORD
NOW COMES the Pro Se Appellant, Jay Lively, and respectfully submits this Appeal to the Supreme Judicial Court based on due process violations and the failure of the lower court clerk to complete the record.
*. Background:
- On *.*.*, a Notice of Appeal was filed with the Appeals Court.
- On *.*.*, a Notice of Assembly of Record on Appeal was sent to the Clerk of Appeals Court and counsel of record, but not to Lively.
- On *.*.*, Lively filed a second notice of appeal, and both appeals were combined into a single appeal.
- On *.*.*, the docket showed "Lower Court Assembly of the Record Package" but omitted essential documents (pRoS and CT *.*.*).
*. Due Process Violations and Clerk's Failure:
- The lower court clerk failed to complete the assembly of the record by not including the paginated return of service (pRoS) and certified transcript of *.*.* Land Court hearing (CT *.*.*).
- Despite Lively’s efforts to correct the record, the essential documents were not forwarded to the Appeals Court, as confirmed on *.*.* by the Appeals Court clerk.
*. Legal Basis:
- Based on Zatsky v. Zatsky, * Mass. App. Ct. *, * (*), "A party may also bring a motion before a single Justice of the appeals court either to compel a clerk or register to assemble a record promptly or to waive assembly of the record as a prerequisite to entering the appeal."
- Mass. R. App. P. *(e)(*) mandates the inclusion of all crucial documents in the record assembly.
- Mass. R. App. P. *(a) requires the timely filing of briefs and appendices, which is impeded by the incomplete record.
- Due process rights are protected under the Fourteenth Amendment of the U.S. Constitution and Article * of the Massachusetts Declaration of Rights.
*. Additional Case Law and Statutes:
- Commonwealth v. Vinnie, * Mass. *, * (*) emphasizes the necessity of a complete record for appellate review.
- Rule *(c) of the Mass. Rules of Appellate Procedure allows for the correction or modification of the record on appeal.
- M.G.L. c. *, § * provides the Supreme Judicial Court with superintendence power over inferior courts to ensure justice is administered fairly.
*. Relief Sought:
- Lively seeks an order from the Supreme Judicial Court to compel the lower court clerk to promptly assemble and forward the complete record, including the pRoS and CT *.*.*.
- Alternatively, Lively requests the Court to waive the assembly of the record as a prerequisite to entering the appeal.
*. Conclusion:
- The failure to complete the record violates Lively’s due process rights and impedes his ability to prepare a comprehensive brief for the Appeals Court.
- Lively respectfully requests that the Supreme Judicial Court grant the relief sought to ensure a fair and just appellate process.
Respectfully Submitted,
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished on this 12th day of March, * by E-File to Respondent:
- DBNTC as trustee of Morgan Stanley ABS Capital I, Inc. Trust Series *-HE3; MERS
Att. Stephanie Sprague
Troutman Pepper
* Huntington Ave, 9th Floor,
Boston, MA *
P: *-*-*
Stephanie.sprague@troutman.com
- Att. Krystle Tadesse
Troutman Pepper
* Financial Plaza,
Providence, RI *
*.*.*
Krystle.tadesse@troutman.com
Jay Lively
* Pinehurst Road,
E. Falmouth, MA *
*-*-*
Date: March *, *
---
Would you like to include any additional details or modifications?
Looks great! I will need time to review. Thank you
Case Rating: *
You're welcome! If you have any other questions or need further assistance in the future, feel free to reach out. Good luck with your appeal!
You're welcome! If you have any other questions or need further assistance in the future, feel free to reach out. Good luck with your appeal!
Thank you
Case Rating: *
You're welcome! If you have any further questions or need additional assistance with your case, feel free to ask. Good luck with your appeal!
You're welcome! If you have any further questions or need additional assistance with your case, feel free to ask. Good luck with your appeal!
please expand legal arguments for these rules, case, and statutes Mass. R. App. P. *(e)(*) mandates the inclusion of all crucial documents in the record assembly.
- Mass. R. App. P. *(a) requires the timely filing of briefs and appendices, which is impeded by the incomplete record.
- Due process rights are protected under the Fourteenth Amendment of the U.S. Constitution and Article * of the Massachusetts Declaration of Rights.
*. Additional Case Law and Statutes:
- Commonwealth v. Vinnie, * Mass. *, * (*) emphasizes the necessity of a complete record for appellate review.
- Rule *(c) of the Mass. Rules of Appellate Procedure allows for the correction or modification of the record on appeal.
- M.G.L. c. *, § * provides the Supreme Judicial Court with superintendence power over inferior courts to ensure justice is administered fairly.
Case Rating: *
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