11: Rule relative to the disposal of court papers and records

The following types of case records shall be retained permanently and shall not be subject to the provisions of Section 7 regarding the destruction of case records: A. The Supreme Judicial Court and the Appeals Court (1) all trial court transcripts in cases decided by the Supreme Judicial Court shall be retained. (2) all case records under the custody of the clerks of the Supreme Judicial Court or the clerk of the Appeals Court shall be retained except: (a) papers unrelated to the appellate courts' deliberation and decision, after the rescript issues to the trial court; (b) record appendices upon final disposition of the case; and (c) original exhibits transmitted pursuant to an order or rule of court, which shall be returned to the trial court after review by the appellate court. B. All departments of the Trial Court The following types of case records shall be retained permanently in all departments of the Trial Court: (1) case records in all cases decided by the Supreme Judicial Court; (2) old case records, defined as: (a) any records dated or known to have been filed earlier than 1800; and (b) all records from any predecessor court to the District Court or the Boston Municipal Court; (3) dockets and extended records, except for dockets and extended records for minor violation records, which shall be subject to the sampling provisions set forth in an Order issued by the Supreme Judicial Court pursuant to Section 6 ; (4) divorce judgments nisi and absolute and judgments in annulment actions; and (5) naturalization records prior to 1906. In addition, for time periods in which both dockets and extended records are missing from a trial court in a particular courthouse, all other case records from that time period in that trial court at that courthouse shall be retained. C. Individual departments of the Trial Court In addition to the case records that shall be retained permanently in every department, the following case records shall be retained by individual departments: (1) District Court, Boston Municipal Court, Juvenile Court and Probate and Family Court. The following shall be retained permanently: (a) all case records, acknowledgments and agreements filed to establish paternity pursuant to G. L. c. 209C ; and (b) all case records filed in or relating to an adoption filed pursuant to G. L. c. 210 , or a name change filed pursuant to G. L. c. 210, § 12 . (2) Land Court. The following shall be retained permanently: (a) all registration case records, abstracts, plans and proceedings subsequent to registration; and (b) all case records relating to the foreclosure of the right of redemption pursuant to G. L. c. 60, § 65 . (3) Probate and Family Court. The following shall be retained permanently: (a) all case records in conservatorship, trusts and estate administration; and (b) all orders and judgments in equity. (4) Superior Court. The following shall be retained permanently: (a) all case records filed before 1860; (b) all case records filed in Barnstable, Dukes, Essex, and Nantucket counties before 2000; and (c) for time periods in which any case records in a particular courthouse are missing or substantially damaged, all other case records from that time period at that courthouse.