Rule 1. Scope of Rules: Definitions

(a) Scope and Construction of Rules . These rules govern procedure in appeals to an appellate court. They shall be construed, administered, and employed to secure the just, speedy, and inexpensive determination of appeals. They shall be construed in conjunction with the rules and standing orders of the appellate courts.

(b) Rules Not to Affect Jurisdiction . These rules shall not be construed to extend or limit the jurisdiction, as established by law, of the Supreme Judicial Court or the Appeals Court.

(c) Definitions . As used in these rules, unless the context clearly indicates otherwise: "appeal" means an appeal to an appellate court and supersedes any procedure other than reservation and report by which matters have heretofore been brought before an appellate court for review. "appellate court" means the full Supreme Judicial Court, the full Appeals Court, or a statutory quorum of either, as the case may be, whichever court is exercising jurisdiction over the case at bar. "child welfare case" means any case that is before a court of competent jurisdiction pursuant to 119, §§ 21-39J ; G.L. c. 190B regarding guardianship of minors; or G.L. c. 210, §§ 1-11 . "clerk" means "clerk," "register," "recorder," and their respective assistants or deputies; "clerk of the appellate division" means the clerk of the trial court from which the action was appealed or reported to the appellate division. "decision" means, when referring to an appellate court, the court's written opinion, memorandum and order pursuant to M.A.C. Rule 23.0 , or other final adjudicative order in the case. "first class mail or its equivalent" means (1) use of the United States Postal Service through first class postage or other class of mail that is at least as expeditious, postage prepaid or (2) dispatch to a third-party commercial carrier for delivery within 3 days. Registration or certification shall not be required unless specifically stated to be necessary. "indigent party" means a person who is a party to a legal proceeding and whom a court has determined meets the statutory criteria to obtain waiver, reduction, or payment of certain fees and costs incident to civil and criminal litigation, including appeals in that proceeding. "lower court" means the single justice, court, appellate division, board, commission, or other body whose decision is the subject of a direct appeal to an appellate court; for the purpose of Rule 9 includes any member of the lower court. "party" means a person or entity appearing in a case, including an appeal. In the context of performing any act under these rules, a party means counsel, where a party is represented by counsel, and, when a party is not represented by counsel, it means the self- represented litigant. "rescript" means the appellate court's order, direction, or mandate to the lower court disposing of the appeal. "single justice" means a single justice of whichever appellate court is exercising jurisdiction over the case at bar. "transmission" or "transmit" means the sending or conveying of a document or court record through a medium authorized by the court or these rules, and may include, but is not limited to, first class mail or its equivalent, electronic filing, electronic mail, facsimile, or electronic file share.

(d) Construction . Words or phrases importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular.