Notice of Appearance - Massachusetts

NOTICE OF APPEARANCE

Commonwealth of Massachusetts -- Trial Court

1. COURT SELECTION

☐ Superior Court Department
☐ District Court Department
☐ Boston Municipal Court (BMC) Department
☐ Housing Court Department
☐ Probate and Family Court Department
☐ Land Court Department
☐ Juvenile Court Department

County / Division: [________________________________]

2. CASE CAPTION

COMMONWEALTH OF MASSACHUSETTS
[________________________________] DEPARTMENT OF THE TRIAL COURT
[________________________________], ss.

CIVIL ACTION NO. [________________________________]

[________________________________],
     Plaintiff(s),

v.

[________________________________],
     Defendant(s).

3. DOCUMENT TITLE

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

4. PARTY INFORMATION

Party Represented: [________________________________]

Party's Role in This Action:

☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Cross-Defendant
☐ Counter-Claimant
☐ Counter-Defendant
☐ Petitioner
☐ Respondent
☐ Intervenor
☐ Interested Party
☐ Other: [________________________________]

Party's Address:
[________________________________]
[________________________________]
[________________________________]

Party's Telephone: [________________________________]

5. ATTORNEY INFORMATION AND APPEARANCE STATEMENT

Pursuant to Mass. R. Civ. P. 5 and Mass. R. Civ. P. 11, the undersigned attorney hereby enters an appearance on behalf of [________________________________] ("Client"), the [☐ Plaintiff / ☐ Defendant / ☐ Other: ____________________] in the above-captioned matter. Please direct service of all pleadings, motions, notices, and orders to the undersigned at the addresses provided below.

Attorney Name: [________________________________]

Board of Bar Overseers (BBO) Number: [________________________________]

Law Firm Name: [________________________________]

Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Street Address (if different):
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Primary Email: [________________________________]

Secondary Email: [________________________________]

Mass. R. Civ. P. 11 Requirement: The BBO registration number of each signing attorney must be inscribed below the signature on all pleadings, motions, and other papers filed with the court. The attorney should use the same primary business email address as set forth in the attorney's BBO Registration statement.

6. TYPE OF APPEARANCE

☐ General Appearance -- The undersigned enters a full and general appearance for the above-named party in all aspects of this civil action. This appearance shall not, of itself, constitute a general appearance for jurisdictional purposes per Mass. R. Civ. P. 11.

☐ Appearance as Co-Counsel -- The undersigned enters this appearance as co-counsel with [________________________________], BBO No. [________________________________]. The undersigned shall serve as:
☐ Lead Counsel
☐ Associate Counsel
☐ Local Counsel

☐ Substitution of Counsel -- The undersigned enters this appearance as substitute counsel for [________________________________], BBO No. [________________________________]. A Notice of Withdrawal of Prior Counsel is:
☐ Filed simultaneously herewith
☐ Previously filed on [__/__/____]

☐ Limited Appearance -- See Section 8 below.

7. CONSENT TO ELECTRONIC SERVICE

Pursuant to S.J.C. Rule 1:25 (Massachusetts Rules of Electronic Filing) and the amendments to Mass. R. Civ. P. 5, the undersigned:

☐ ACCEPTS electronic service through the Massachusetts Trial Court Electronic Filing System (eFileMA.com / Tyler Odyssey File & Serve) and by email.

Designated E-Service Email Address: [________________________________]

Additional E-Service Email (if any): [________________________________]

☐ DOES NOT ACCEPT electronic service and requests that all service be accomplished by traditional means (first-class mail, hand delivery, or facsimile) as provided in Mass. R. Civ. P. 5(b).

E-Filing Registration Status

☐ The undersigned is a registered user of eFileMA.com.
eFileMA User ID: [________________________________]

☐ The undersigned will register within [____] days.

☐ The undersigned is exempt from electronic filing because: [________________________________]

E-Filing Note: The amended Mass. R. Civ. P. 5 authorizes the use of email service regardless of whether the parties are using the court's electronic filing system and without the need for a written agreement of the parties. When a document is both eFiled and eServed together, the records of the E-Filing system indicating transmittal to the registered user recipient shall be sufficient proof of service.

8. LIMITED APPEARANCE

(Complete this section only if filing a limited appearance)

Pursuant to S.J.C. Rule 3:11 (Limited Assistance Representation), the undersigned enters a limited appearance restricted to the following proceedings or matters:

Scope of Limited Appearance:

☐ Specific motion or hearing: [________________________________]

☐ Specific event: [________________________________]

☐ Discovery phase only

☐ Trial only

☐ Mediation or alternative dispute resolution proceedings

☐ Settlement conference

☐ Summary process (eviction) proceedings

☐ Other: [________________________________]

Detailed Description of Limitation:
[________________________________]
[________________________________]
[________________________________]

Anticipated Duration:

From: [__/__/____] To: [__/__/____]

☐ Through the conclusion of the specified proceeding(s) described above

Client Acknowledgment and Written Agreement:

☐ The Client has provided informed written consent to the limited scope of this representation.
☐ A written agreement specifying the scope of the limited representation has been executed and is on file with counsel.

Termination of Limited Appearance:

Upon conclusion of the matter(s) for which this limited appearance is entered, the undersigned will file a Notice of Withdrawal of Limited Appearance with the Court. Until such notice is filed and allowed by the Court, the undersigned remains counsel of record for the limited purposes stated above.

S.J.C. Rule 3:11 Note: A lawyer providing limited representation must file a Notice of Limited Appearance for each case or hearing in which the lawyer will appear. The limited appearance shall state precisely the scope of the representation. An attorney who has filed a limited appearance is not required to file a motion to withdraw; instead, the attorney files a Notice of Withdrawal of Limited Appearance upon completion of the stated scope.

9. PRO HAC VICE ADMISSION

(Complete this section only if appearance involves an out-of-state attorney)

Out-of-State Attorney:

Name: [________________________________]

Bar Admission(s):
| State | Bar Number | Status |
|-------|-----------|--------|
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |

Pro Hac Vice Requirements Checklist:

☐ Motion for Pro Hac Vice Admission filed

☐ Verified Statement of Attorney Seeking Pro Hac Vice Admission filed

☐ Certificate of Good Standing from the attorney's home jurisdiction attached

☐ Pro hac vice fee paid (confirm current fee with the Clerk)

☐ Sponsoring Massachusetts attorney identified:

Name: [________________________________]
BBO No.: [________________________________]
Firm: [________________________________]

☐ Order Granting Pro Hac Vice Admission entered on: [__/__/____]

Massachusetts Requirement: An out-of-state attorney seeking pro hac vice admission must be sponsored by a member of the Massachusetts Bar in good standing who will remain as counsel of record throughout the case.

10. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all parties and counsel of record in this matter by the following means:

☐ Massachusetts eFileMA / Odyssey File & Serve electronic service system

☐ Electronic mail (email) pursuant to Mass. R. Civ. P. 5(b)

☐ First-class United States mail, postage prepaid

☐ Hand delivery

☐ Facsimile transmission

in compliance with Mass. R. Civ. P. 5(b), to the following:

11. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
(Law Firm Name)


By: ____________________________________________
    [________________________________]
    BBO No. [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    Telephone: [________________________________]
    Facsimile: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

12. EFILING AND PROCEDURAL INSTRUCTIONS

Massachusetts Trial Court E-Filing (eFileMA.com)

1. Platform: The Trial Court's E-Filing system is powered by Tyler Odyssey File & Serve, accessible at eFileMA.com.

2. Registration: Attorneys must register using their BBO number and the same primary business email address as set forth in their BBO Registration statement.

3. Mandatory E-Filing: E-filing is mandatory in many court departments. Check the specific court department's standing orders for current e-filing requirements.

4. Filing Fees: Tyler Technologies (the authorized e-filing vendor) is authorized by the S.J.C. to charge fees for use of the eFileMA site. Court filing fees are also payable through the system.

5. Certificate of Service: Any document filed through the court's electronic filing system must be served on all other parties and must include a certificate of service pursuant to Rule 7(a) of the Massachusetts Rules of Electronic Filing.

Court-Specific Requirements

Superior Court

• Appearances must comply with Superior Court Standing Order 1-88 where applicable.
• Courtesy copies may be required for certain motions under Superior Court Rule 9A.
• The Business Litigation Session (BLS) in Suffolk County has its own appearance and filing requirements. Use BLS-specific forms when filing in Suffolk BLS.

District Court / BMC

• District Court and BMC departments may have specific local standing orders for filing appearances.
• Confirm with the Clerk's office whether a separate information sheet or civil action cover sheet is required with the appearance.

Housing Court

• Housing Court appearances in summary process (eviction) cases have expedited timelines.
• Limited appearances under S.J.C. Rule 3:11 are commonly used in Housing Court matters.

Service Requirements Under Mass. R. Civ. P. 5

• Service upon a party represented by an attorney shall be made upon the attorney unless the court orders service upon the party.
• The 2023 amendment to Mass. R. Civ. P. 5 authorizes email service without requiring a prior written agreement between the parties.
• When service is made through eFileMA, the system generates an electronic receipt that serves as proof of service.

Important Practice Considerations

• No General Appearance by Default: Under Mass. R. Civ. P. 11, no appearance shall, of itself, constitute a general appearance for jurisdictional purposes.
• Responsive Pleading Deadlines: Filing a Notice of Appearance does not extend the time to file an answer or other responsive pleading.
• Withdrawal: Withdrawal of appearance must comply with Mass. R. Civ. P. 11(c) and typically requires leave of court. In limited appearances under S.J.C. Rule 3:11, a Notice of Withdrawal is filed rather than a motion.

13. PRACTITIONER NOTES -- MASSACHUSETTS-SPECIFIC

Commonwealth Terminology

• Massachusetts is a Commonwealth; use "Commonwealth of Massachusetts" in all court captions.
• Case captions in Superior Court include the county name followed by "ss." (e.g., "Suffolk, ss.").

BBO Number Requirements

• Every Massachusetts attorney must maintain current registration with the Board of Bar Overseers.
• The BBO number must appear on all court filings, below the attorney's signature.
• Verify your BBO registration is current at massbbo.org.

Court Structure

• Superior Court: General jurisdiction over civil actions; original jurisdiction in equity.
• District Court: Limited civil jurisdiction (generally claims up to $50,000).
• Boston Municipal Court (BMC): Equivalent to District Court but limited to Boston.
• Housing Court: Jurisdiction over housing-related civil matters.
• Probate and Family Court: Domestic relations, estates, trusts.
• Land Court: Real property and land title matters.

Key Local Variations

• Suffolk County / BLS: The Business Litigation Session has specialized filing procedures and scheduling protocols. Track assignment occurs at the initial case management conference.
• Middlesex County: Superior Court in Middlesex has specific courtesy copy requirements.
• Norfolk County: Some session-specific rules apply.

Filing Fees (Subject to Change)

• Verify the current appearance or entry fee with the specific court department.
• E-filing convenience fees are charged by the Tyler Technologies platform.
• Fee waiver (Affidavit of Indigency) may be filed pursuant to G.L. c. 261, sections 27A-27G.

Key Differences from Federal Practice

• Massachusetts uses "Mass. R. Civ. P." rather than "Fed. R. Civ. P."
• State court service rules have been amended to allow email service without written agreement.
• Discovery rules under Mass. R. Civ. P. 26-37 are similar but not identical to the Federal Rules.
• The superior court motion practice requirements under Rule 9A differ from federal motion practice.

This template is designed for use in Massachusetts Trial Court departments. Verify all rule citations and court-specific requirements before filing. Court rules and standing orders are subject to change.