Defendant files a notice of appeal through his/her attorney. The appeal is taken for a trial de novo and a trial by jury is requested.
Massachusetts Notice of Appeal in a Criminal Case
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A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
An appeal is initiated by filing in the lower court a notice of appeal, within 30 days following the order or judgment appealed from. If the Commonwealth or any office or agency thereof is a party, however, the appeal time is extended to 60 days.
A court document filed by the appellant, which places the court and the other parties on notice of the appellant's intent to take an appeal from an order or judgment. The appellant typically files a notice of appeal with the trial court, not the appellate court.
Rule 23 - Notice of Decision; Issuance of Rescript; Stay of Rescript (a) The clerk of the appellate court shall send to all parties copies of or a link to the rescript and the decision, if one was written, on the day the decision is released.
Under Rule 8(b)(1)(A), within 14 days of the filing of a notice of appeal, the appellant must either order transcripts of ?all court proceedings relevant to the appeal,? certify that no court proceedings are relevant to the appeal, or certify that the relevant transcripts have already been filed with the lower court.
An application for leave to appeal under Rule 15(a)(2) shall be made by filing within thirty days of the date of entry of the order being appealed, or such additional time as either the trial judge or the single justice of the Supreme Judicial Court shall order, (a) a notice of appeal in the trial court, and (b) an ...
The lower court or the appellate court or a single justice thereof may order the record to be assembled, and the appellate court or a single justice thereof may order the appeal to be docketed, at any time.
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.