Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.12 - Filing with the Department

Current through Register 1525, July 5, 2024
(1)456 CMR 12.12 prescribes the method for all filings with the Department. Unless otherwise specifically excluded from 456 CMR 12.12, all references to service, sending, mailing or filing in 456 CMR are governed by 456 CMR 12.12. Where the Department has prescribed specific forms for petitions, charges, or any other filings, parties and representatives shall utilize the forms, regardless of the method used to file them.
(2) All pleadings, written motions, briefs or memoranda filed by any party in connection with any matter pending before the Department shall be on paper measuring 8½ inches in width and 11 inches in length.
(3) All pleadings, written motions, briefs and memoranda shall be typed and double spaced.
(4) All documents shall be deemed filed with the Department on the same business day if received before 11:59 P.M. Any documents received after 11:59 P.M. shall be deemed to be filed on the following business day.
(5) The Department permits filing by hand delivery, electronically, by mail delivery, and by facsimile (fax) transmission. However, showing of interest evidence and written majority authorization evidence may not be filed electronically or by facsimile transmission.
(6) Unless otherwise indicated, a fax copy shall constitute an original for all Department purposes. Documents to be transmitted by fax shall bear the notation: SENT on (DATE) VIA FAX FOR FILING WITH THE DEPARTMENT.
(7) All documents filed by electronic mail (email) shall be in portable document format (PDF) and shall comply with the requirements set forth in 456 CMR 12.12. Unless otherwise indicated, an electronic mail copy shall constitute an original for all Department purposes.
(a)
Transmittal Email
. All documents filed as email attachments shall include a transmittal email, identifying the nature of the filing, the parties, and docket number if assigned.
(b)
Parties and Representatives
. All electronically filed documents shall include a signature block and shall set forth the individual's name, address, telephone number and email address or the representative's name, address, telephone number and email address. On the signature line above the signature block on the document to be electronically filed, "/s/" shall be typed followed by the name of the party or the representative in the space where the signature would otherwise appear. For example:
/s/ John B. Doe
John B. Doe
123 Main Street
Boston, MA 02210
617-123-4567
johnbdoe@isp.com
(c)
Multiple Signatures
. The filer of any document requiring more than one signature (
e.g
, stipulations, joint motions, joint status reports,
etc
.) shall list thereon all the names of other signatories by means of a signature block for each signatory. For example:
/s/ John B. Doe
John B. Doe
123 Main Street
Boston, MA 02210
617-123-4567
johnbdoe@isp.com
/s/ Jane M. Doe
Jane M. Doe
123 Main Street
Boston, MA 02210
617-123-4567
janemdoe@isp.com
/s/ Attorney John A. Smith
John A. Smith BBO#123456
123 Main Street
Boston, MA 02210
617-987-6543
jasmith@internetprovider.com
By submitting such a document, the filer certifies that each of the other signatories has expressly agreed to the form and substance of the document and that the filer has the other signatories' actual authority to submit the document electronically. A non filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures shall file an objection to the document within 14 days of the filing date, or of receiving actual knowledge of the filing.
(d)
Affidavits
. Affidavits may be filed electronically; however, the electronically filed version shall contain a "/s/ name of signatory" block, as above, and indicate that the paper document bears an original signature.
(e) A filing party shall limit the size of each PDF to no more than two megabytes. Multiple PDFs may be filed if the document exceeds the two megabyte limit.
(f) The filer is required to verify the readability of scanned documents before filing them electronically with the Department.