Rule 77. Courts and Clerks

(a) Courts Always Open. Unless otherwise provided by law, the courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules.

(b) Clerk's Office and Orders by Clerk. The clerk's office with a clerk or assistant clerk in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.

(c) Filing Date of All Papers Received by Clerk. The clerk shall date-stamp all papers whatsoever received by him, whether by hand or by mail. Any paper so received, whether stamped or not, shall be deemed to have been filed as of the date of receipt. If at any subsequent time, any party disputes the fact of such filing, the court shall determine the question, taking whatever evidence it deems appropriate. Proof of mailing shall constitute prima facie proof of receipt.

(d) Notice of Entry of Orders or Judgments. Unless an order or judgment is entered in open court in the presence of the parties or their counsel, the clerk shall immediately upon the entry of an order or judgment serve upon each party who is not in default for failure to appear a notice of the entry by at least one of the following means, at the option of the clerk:

(1) By Mail. By mail in the manner provided for in Rule 5 and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers.

(2) By Electronic Means. By electronic means in the manner selected by the clerk, which may include: (a) e-mail to an attorney's e-mail address on file with the Massachusetts Board of Bar Overseers; (b) e-mail to an e- mail address provided by an attorney or party pursuant to a court rule or order; or (c) electronic transmission to an address and in a form provided by the attorney or party and specifically accepted by the clerk for such purpose. Transmission of such electronic notice is sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules, without need for mailing; provided that the clerk shall notify by mail, pursuant to subsection (d)(1), any self-represented litigant who does not provide an e-mail address voluntarily to the clerk for purposes of notice and any attorney who has not provided such an e-mail address and is not required to maintain an e-mail address with the Board of Bar Overseers. The clerk shall make a note in the docket of electronic notice. Where a self-represented litigant wishes to withdraw his or her voluntary agreement to electronic service under this rule, the litigant shall notify the court in writing of his or her withdrawal of voluntary agreement to receive electronic notices and shall confirm the mailing address to which subsequent notices may be mailed. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4 of the Massachusetts Rules of Appellate Procedure or Rule 4 of the District/Municipal Courts Rules for Appellate Division Appeal, and except as relevant to a motion for relief from judgment under Rule 60(b)(6) of these rules.

(e) Transmittal of Papers. In courts other than the District Court, at the direction of any judge of the court, the clerks for the several counties shall transmit the papers in any action from one county to another when a matter has been duly set down for hearing in a county other than that in which the action is pending. Pleadings, motions, and papers to be filed in such case shall be filed in the office of the clerk for the county in which the case is pending. The clerk for the county in which the case is heard shall certify the proceedings had in his county to the clerk for the county in which the case is pending and, at the direction of any judge of the court, shall return to such clerk all the papers, to be kept there on file. When the court orders a change of venue, such order shall include a direction to the clerk to transmit all papers to the clerk for the county to which the action is transferred and thereafter all the papers shall be filed and all proceedings taken as if the action had been commenced in the county to which it is transferred.

(f) Electronic Signatures of Judges and Clerks. In all cases, whenever a judge or clerk is required to sign an order, judgment, or notification, the judge or clerk may electronically sign. The electronic signature of a judge or clerk can take the form of either a scan of the individual's handwritten signature, an electronically inserted image intended to substitute for a signature, or a "/s/ name of signatory" block. Such electronic signature shall have the same force and effect as if the judge or clerk had affixed his or her original signature to a paper copy of the document so signed. The provisions of this rule shall be administered and interpreted in a manner consistent with the provisions of Rule 14 of the Massachusetts Rules of Electronic Filing regarding electronically signed orders, judgments, and notifications. Rule History