Chapter X · Probate Courts And Registers

Rule 79. Books and Records Kept by the Register and Entries Therein

Amended April 11, 2019 (current) Contains Deadlines

(a) The Docket. The register shall keep the docket, and shall enter therein every proceeding to which these rules are fully applicable or which is enumerated in Rule 81(b). Each estate of a decedent, each guardianship, each estate of a minor or incapacitated or disabled person, and each trust shall be assigned a master docket number when the first proceeding concerning it is commenced in the court. The first and each subsequent proceeding concerning that estate, guardianship, or trust shall be assigned a subsidiary docket number consisting of the master docket number and a numerical suffix identifying that proceeding. The register may keep a single master docket, listing all estates, guardianships, and trusts in one numerical sequence with all proceedings concerning a particular estate, guardianship, or trust listed under it, or the register may keep separate dockets with separate numerical sequences for each category. Each proceeding enumerated in Rule 81(b) shall be assigned a separate docket number, and may be listed on a single docket or separate dockets, except that adoption proceedings must be listed on a separate docket which shall be kept confidential. Upon the commencement of a proceeding, the full name of each party and the name and address of the applicant's, petitioner's, or plaintiff's attorney, if any, shall be entered upon the docket. Thereafter the name and address of the attorney appearing or answering for any party shall similarly be entered. All papers filed with the register, all appearances, orders, and judgments shall be noted chronologically upon the subsidiary docket and shall be marked with the docket number. These notations shall briefly show the nature of each paper filed or writ issued and the substance of each order of or judgment of the court and of the returns showing execution of process. In the alternative, the notation of an order or judgment may consist of an incorporation by reference of a designated order, judgment, opinion, or other document filed with the register by the court, provided that the notation shows that it is made at the specific direction of the court. The notation of an order or judgment shall show the date the notation is made.

(b) Judgments and Orders. After the rendition of judgment, the register shall without unreasonable delay, make extended records of all matters required by statute, and proceedings in real actions including foreclosure of mortgages, flowage and partition. In other proceedings, it shall be sufficient to record the names of the parties, the docket number, the date of the complaint, the date of service, and the petition or date of rendition of judgment, its nature and the amount of any damages or costs awarded. Upon application of any party made not later than 90 days after final judgment the court may order the preparation, upon payment of fees ordered by the court, of a full record in any proceeding or such additional record as the party requests. The Chief Justice of the Supreme Judicial Court shall prescribe the form and manner of making and keeping such records and may prescribe such further records to be kept as the Chief Justice may deem appropriate.

(c) Custody of Papers by the Register. The register shall be answerable for all records and papers filed with the court, and they shall not be taken from the register's custody without special order of the court; but the parties may at all times have copies.

(d) Other Books and Records. The register shall keep such other books and records as may be required by statute or from time to time by the Chief Justice of the Supreme Judicial Court.