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Days to file an appeal

Started by melissa3, Oct 25, 2006, 08:24:50 AM

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melissa3

Dear Soc,

All parties live in MA

I received judgment from trial and I'd like to appeal. However, I read the time to file an appeal is only 30 days from the date of the order. I was told it was 30 business days but I just found out the court goes by calendar days, which means my time to appeal is up. Today was the last day and I cannot make it to the courthouse.

I highly doubt this helps but I received the judgment in the mail almost two a weeks after it was signed.

Questions:

1. Should I try to file tomorrow?

2. Is there anything at all that I can do to get my appeal in?


Thanks.

socrateaser

>Dear Soc,
>
>All parties live in MA
>
>I received judgment from trial and I'd like to appeal.
>However, I read the time to file an appeal is only 30 days
>from the date of the order. I was told it was 30
>business days but I just found out the court goes by
>calendar days, which means my time to appeal is up.
>Today was the last day and I cannot make it to the courthouse.
>
>
>I highly doubt this helps but I received the judgment in the
>mail almost two a weeks after it was signed.
>
>Questions:
>
>1. Should I try to file tomorrow?

Some states tack on extra days for service by mail or receipt of the notice of entry of judgment. Burden is on you to prove that you are entitled to the extra time.

>2. Is there anything at all that I can do to get my appeal
>in?

See above.