Family Law Appeals

Can a Court Decision Be Appealed?

It is not uncommon for a litigant to wonder, "What are my options if I am unhappy with an outcome in probate court?" The answer is that it might be possible to appeal the probate court's decision. The right to appeal depends on the circumstances of the case. However, before pursuing an appeal, a litigant should evaluate whether appealing a court decision is the best course of action after consideration of current life circumstances, the financial cost of an appeal, and the stress attendant to ongoing litigation.

Appealing a Judgment

Generally speaking, there are two primary forms of written decisions issued by probate court. The first is called a judgment; a judgment is the written decision a probate court issues after a trial. If a litigant wants to appeal a judgment, that person must file a "notice of appeal" with the probate court no later than 30 days after the judgment has entered on the court's docket.

Appealing Temporary Orders

The second form of decision is called a temporary order. The probate court is unique insofar as it has the authority to enter temporary orders which govern certain aspects of a case while the case is pending, i.e., before it goes to a trial. Temporary orders may address custody of children, parenting schedules, spousal support, use and occupancy of a marital home, etc. Temporary orders are just that: temporary. As such, the probate court has the authority to enter new or further temporary orders which modify the prior orders. Generally speaking, a party has the right to appeal a temporary order in only very limited circumstances.

Levels of Appellate Review

In Massachusetts, there are three levels of appellate relief. The first is called a "Single Justice" appeal; Single Justice appeals are sought in specific circumstances. The second is an appeal to the Massachusetts Appeals Court; this is the court to which all non-Single Justice cases are appealed in the first instance. At this level, a case is heard by a panel of three justices, who together determine the outcome of the appeal. At the highest level is the Massachusetts Supreme Judicial Court, or "SJC." The SJC typically hears cases which are being appealed from the Appeals Court, but it has the authority to take an appellate case which is pending in the Appeals Court and decide it in the first instance.

The Appeals Process

The party appealing an order or judgment files a brief as well as other materials required by appellate rules. The party defending the order or judgment has the right to file a response brief. Most cases are scheduled for oral argument before the Single Justice or appeals court. It generally takes a number of months for the decision on the appeal to issue after the oral argument.

If you have questions regarding an appeal or a potential appeal, please call our office to schedule a consult.

Experienced Appellate Representation

Nicole Fleet Barrasso

Founder & Attorney

With 28 years of Massachusetts legal experience, Nicole handles trial and appellate litigation. Her background includes clerking for the Massachusetts Superior Court and Massachusetts Appeals Court, giving her experience with the appellate process.

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