Guide
Massachusetts Table of Authorities: Rules 16 and 20
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Massachusetts appellate briefs need a table of authorities listing each cited case, statute, rule, and other authority, with every brief page on which it is cited. Mass. R. A. P. 16(a)(4) requires alphabetical or numerical ordering as applicable. The requirement covers the appellant’s principal brief, the appellee’s brief, and the appellant’s reply. Rule 20 supplies a particularly important pagination rule: the cover is page 1, and numbering continues through the last page, including the addendum. Generate a Massachusetts table of authorities from the final PDF to keep those page references.
Which Massachusetts briefs require the table?
“The table of authorities shall list each case, statute, rule, and other authority cited in the brief, with references to each page on which it is cited. The authorities shall be listed alphabetically or numerically, as applicable.” — Mass. R. A. P. 16(a)(4)
Rule 16(b) makes the appellee’s brief conform to Rule 16(a), with exceptions that do not remove the table. Rule 16(c) expressly includes subsection (a)(4) among the requirements for an appellant’s reply. A reply therefore needs its own table of the authorities cited in that reply; copying the principal brief’s table will produce wrong entries and page references. Cross-appeal briefs have separate length provisions under Rules 16(i) and 20(a)(3).
These are state appellate requirements, not a universal rule for every document filed in Massachusetts. Rule 1 defines the appellate court as the full Supreme Judicial Court or Appeals Court, or a statutory quorum. A trial-court motion, a single-justice proceeding, an application for further appellate review, and a First Circuit brief require checking the rules for that particular filing. Do not use a standard merits-brief checklist as a substitute for that check.
| Item | Rule | What to do |
|---|---|---|
| Appellant’s principal brief | 16(a)(3)–(5) | Place the TOA after the table of contents and before the statement of issues. |
| Appellee and appellant’s reply | 16(b), 16(c) | Include a table based on the authorities in that particular brief. |
| Entries and ordering | 16(a)(4) | List each cited authority; alphabetize case entries and arrange numbered authorities numerically as applicable. |
| Page references | 16(a)(4) | List every brief page where the authority is cited. Keep reporter pinpoints out of the brief-page column. |
| Official Massachusetts citations | 16(g) | Use the official report or official publication, if any. Check decision year and the argument’s pinpoint citations separately. |
| Cover and subsequent pages | 20(a)(4)(A), 20(a)(6)(B)(vii) | Number the cover 1 and continue consecutively through the last page, including the addendum. |
| Length calculation | 20(a)(2)(D), 20(a)(3)(F) | Only the parts required by Rule 16(a)(5)–(11) count. The TOA, required by (a)(4), is excluded. |
| Typography and spacing | 20(a)(4)(A)–(C) | Apply the rule’s font, margin, and spacing requirements to the finished document; a table export is not a full-brief formatter. |
| Certification | 16(k) | Complete the required certification after checking the entire brief, including its length, addendum, and record references. |
Page references: Massachusetts starts at the cover
Rule 20(a)(4)(A) makes pagination continuous from the cover through the end of the document. If the argument begins on page 9, a citation on that page belongs under 9 in the table—not page 1 of the argument. If a revised TOA grows by a page, everything after it can move. Being excluded from the length limit does not mean the table is excluded from page numbering.
Keep three numbers distinct: the reporter’s opening page identifies a case; an argument pinpoint identifies the passage relied on; the TOA’s page column identifies where the citation appears in your brief. For example, an argument citation to Commonwealth v. Hartsgrove, 407 Mass. 441, 444–445 (1990), on brief page 12 contributes 12 to the table. The numbers 441 and 444–445 are not brief-page references. Later short-form citations belong with the same authority after you verify their referent.
Rule 16(a)(4) does not name passim, but it expressly asks for each cited page. Use explicit page references rather than replacing them with “throughout.” For the different issues raised by repeated citations, see Id., supra, and short forms.
Illustrative Massachusetts table of authorities
This is a small illustrative table for an appeal discussing appellate procedure. The cases and rules are real; all brief-page references are invented. It is not a filed brief, a recommendation to cite these authorities, or a complete formatting template. The Massachusetts Rule 1 reporter’s notes cite both cases below. Include only authorities actually cited in your own brief.
| Authority | Brief page(s) |
|---|---|
| Cases | |
| Commonwealth v. Hartsgrove, 407 Mass. 441 (1990) | 9, 12–13 |
| Pixley v. Commonwealth, 453 Mass. 827 (2009) | 10, 15 |
| Rules | |
| Mass. R. A. P. 1 | 8–9 |
| Mass. R. A. P. 4 | 11–13 |
| Mass. R. A. P. 16 | 14–15 |
Add statutes, constitutional provisions, regulations, and other-authority categories when your brief actually cites them. Rule 16(g) requires citations to Massachusetts decisions, statutes, and regulations to use the official report or publication, if any. A Massachusetts preset does not rewrite the citations in your argument into official-report form. Review and correct the source brief first, then regenerate its PDF. See the general TOA format guide for entry layout and the worked example for a larger table.
From a Massachusetts PDF to the finished Word table
- Prepare the document’s real pagination. Export the current brief with its cover numbered 1 and consecutive page numbers through the addendum. Keep the matching .docx if you want the finished table inserted into the original Word file.
- Open the PDF in the app. Use the Massachusetts preset and verify the selected court. The PDF route produces a formatted .docx table; you do not need Word to generate it. For insertion into your own document, add both its .docx and the matching selectable-text PDF.
- Review every authority against the PDF. Check official reporter titles, merge duplicate full and short forms only when they identify the same authority, and confirm each cited page in the preview. Add missing authorities and remove wrong pages. Review footnotes and references outside the argument, not just the first full citation.
- Separate legal authorities from the record. RAII/55 and TRIII/231–232 identify the record appendix and transcript under Rule 16(e); they are not cases or statutes. Keep those citations out of the TOA and check their accuracy separately. Inspect addendum material so that citations appearing only inside a reproduced decision are not mistaken for your brief’s own reliance on that authority.
- Export the finished table. Download the .docx TOA to insert yourself, or select “Insert the finished table into my Word file” on the Word-plus-PDF route. The latter writes a normal-text table into your .docx rather than requiring a Word TOA field update.
- Format, re-export, and recheck. Apply Rule 20’s font, spacing, and margin requirements in the assembled brief. Export a fresh filing PDF after insertion. If the table changed length, refresh the affected page references from that new PDF and repeat until the final table and final pagination agree.
A .docx-only input is a different workflow: BriefAuthority writes native TA and TOA fields for Word for Windows to build and update. On a Mac, use the PDF route or the matching Word-plus-PDF route for a finished table. PDF-only processing can use on-device OCR for scans; the combined Word-plus-PDF route requires a text-based PDF and does not support scans.
Massachusetts mistakes to catch before filing
- Restarting numbering after front matter. A template with roman numerals followed by argument page 1 does not follow Rule 20’s cover-to-end pagination rule.
- Omitting the reply’s table. Rule 16(c) expressly incorporates the TOA requirement even though the reply has fewer required sections.
- Treating a longer table as harmless. It does not consume the Rule 20 brief-length allowance, but it can shift every subsequent citation page.
- Using unofficial Massachusetts citations without checking for an official source. Rule 16(g) is a citation requirement, not something a court preset automatically fixes.
- Counting only argument citations. Rule 16(a)(4) addresses authorities cited in the brief. Check other sections and footnotes as well as the main argument.
- Confusing a TOA with the addendum. Listing a statute in the TOA does not supply the copies required by Rule 16(a)(13), and the addendum has its own contents requirements.
- Signing the certification after checking only the table. The table generator does not certify Rule 16(k) compliance, produce required PDF bookmarks, validate good law, or check the entire filing.
Frequently asked
Does a Massachusetts appellant’s reply brief need a table of authorities?
Yes. Mass. R. A. P. 16(c) expressly requires compliance with Rule 16(a)(4), the table-of-authorities provision. Build a separate table from the authorities and pages in the reply itself.
Does the Massachusetts TOA count toward the brief’s word or page limit?
No. Rules 20(a)(2)(D) and 20(a)(3)(F) count only the parts required by Rule 16(a)(5)–(11). The TOA is required by subsection (a)(4). It still participates in the document’s consecutive pagination.
Should Massachusetts front matter use roman numerals?
Not under the ordinary Rule 20(a)(4)(A) pagination scheme. The cover is page 1, and the brief continues consecutively through its last page, including any addendum. Check any applicable order before preparing the filing.
Can I use passim instead of listing each cited page?
Rule 16(a)(4) does not mention passim by name, but it requires references to each page on which an authority is cited. Use explicit page references to follow that instruction; do not assume a preset’s available setting establishes permission.
Does the Massachusetts preset make the whole brief comply with Rules 16 and 20?
No. A preset supplies table settings, not full-brief formatting, automatic citation restyling, PDF bookmarks, an addendum, or a compliance certification. Review the exported table, format the assembled brief, and re-export the PDF to check pagination after insertion.
Can I create the table on a Mac without updating Word fields?
Yes. A PDF input produces a finished .docx table. A matching .docx plus selectable-text PDF lets the app insert a finished normal-text table into your Word file. The separate .docx-only TA-field route requires Word for Windows to build and update the table.
Official sources verified October 7, 2026
- Mass.gov: Appellate Procedure Rule 16 — BriefsTable contents and page references; appellee and reply scope; official citations; record references; addendum and certification. Current page lists May 7, 2024 as its effective date.mass.gov
- Mass.gov: Appellate Procedure Rule 20 — Form and lengthOrdinary and cross-appeal length limits, exclusions, font and spacing requirements, and consecutive numbering beginning with the cover. Current page lists May 7, 2024 as its effective date.mass.gov
- Mass.gov: Appellate Procedure Rule 1 — Scope and definitionsState appellate scope and the need to read standing orders alongside the rules. Reporter’s notes identify the real cases used in the illustrative table.mass.gov
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