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Massachusetts Civil Procedure Rule 79: Books and Records Kept by the Clerk and Entries Therein

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(a) Civil Docket. The clerk shall keep the civil docket and shall enter therein each civil action to which these rules are made applicable. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered the clerk shall enter the word "jury" on the folio assigned to that action.

(b) Indices; Calendars. Suitable indices of the civil docket shall be kept by the clerk according to law under the direction of the court.

(c) Other Books and Records of the Clerk. The clerk shall also keep such other books and records as may be required by law or by direction of the court.

(d) Land Court. In the Land Court, the clerk may assign to actions for registration and confirmation, actions for tax liens, and miscellaneous other actions, separate dockets, each having consecutive file numbers, designated respectively, "Registration and Confirmation," "Tax Lien," and "Miscellaneous."

Amended December 13, 1981, effective January 1, 1982.

Reporter's Notes

(1996) With the merger of the District Court rules into the Mass.R.Civ.P., a minor difference which had existed between Mass.R.Civ.P. 79 and Dist./Mun.Cts.R.Civ.P. 79 (last sentence of Rule 79(a) dealing with jury trial) has been eliminated.

(1973) Rule 79 is substantially the same as the cognate Federal Rule. It follows prior Massachusetts practice.