Mass. R. App. P. 31

As amended through May 7, 2024
Rule 31 - Duties of Clerks
(a) General Provisions. The Supreme Judicial Court and the Appeals Court shall be deemed always open for the purpose of filing any proper document, of issuing and returning process, and of making motions and orders. The office of the clerk with a clerk in attendance shall be open during regular court business hours on all weekdays except State and Federal holidays recognized by the Commonwealth.
(b) The Docket; Calendar; Other Records Required.
(1) The clerk shall keep an electronic docket, in such form and style as may be prescribed by the appellate court, and shall enter therein each case. Cases shall be assigned consecutive docket numbers. All filings, orders, decisions, and rescripts shall be entered chronologically on the docket . Entries shall show the nature of each filing, order, decision, or rescript.
(2) The clerk shall prepare, under the direction of the appellate court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to appeals in child welfare and criminal cases, and to appeals and other proceedings entitled to preference by law.
(3) The clerk shall keep such other records as may be required from time to time by law or by the appellate court.
(c) Notice of Orders, Decisions, or Rescripts. Upon the entry of an order, decision, or rescript, including an order on an application for direct or further appellate review, the clerk of the appellate court shall send a notice of entry to each party, and include a copy of or a link to any decision and rescript. The clerk shall send such notice to the electronic business address of an attorney that is registered with the Board of Bar Overseers, and may send paper notice by conventional mail. The clerk shall send such notice to the mailing or electronic address of a self-represented party, depending upon such party's address preference as registered with the clerk.
(d) Custody of Records and Documents. The clerk shall have custody of the records and documents of the appellate court. The clerk shall not permit any original record or document to be taken from the clerk's custody except as authorized by the orders or instructions of the court or a single justice. Original documents transmitted as the record on appeal or review shall be returned to the lower court.

Mass. R. App. P. 31

Amended October 31, 2018, effective 3/1/2019.