Duties of clerks

(2019) Rule 31(a) . The first two sentences of the prior rule were deleted as unnecessary because the clerk’s oath and bond requirements are established by statute ( G.L. c. 221, § 12 ) and the prohibition on practicing law has been superseded by S.J.C. Rule 3:02 and S.J.C. Rule 3:12, Canon 3 . The provisions regarding specific business hours of court (weekdays and holidays) were removed because they are outside the scope of the Rules of Appellate Procedure. Rule 31(b) was separated into three paragraphs for clarity, and the language updated for consistency, with current practices and the revisions to the definitions in Rule 1(c) . Consistent with the appellate courts’ longstanding practices, the revised rule includes child welfare cases as proceedings to be given preference by the clerk when scheduling cases for argument. Criminal cases and other proceedings are entitled to preference by law. See G.L. c. 211, § 7 and G.L. c. 211A, § 13 . Rule 31(c) . The title of this rule was amended to include “decision” given its addition in 2019 to Rule 1(c) . Language was added authorizing the clerk to send notices to an attorney’s electronic business address registered with the Board of Bar Overseers, and providing that paper notice by conventional mail may be sent. In addition, the clerk is authorized to send electronic or paper notice to self-represented parties, depending upon such party’s preference as registered with the clerk. Rule 31(d) . In the last sentence, the phrases “upon the disposition of the case” and “from which they were received” were deleted. The first phrase was deleted because it is current practice to return original documents transmitted to an appellate court back to the lower court when review of the case is completed; the clerk does not presently wait for disposition of the case before doing so. The second phrase was deleted as unnecessary; the clerk of the appellate court only returns original documents to the lower court which had transmitted the records. Further organizational and stylistic revisions were made to this rule in 2019 in accordance with a global review and revision of all of the Appellate Rules. These revisions are described in the 2019 Reporter’s Notes to Rule 1 . With regard to the preparation of the 2019 Reporter’s Notes to this Rule, see the first paragraph of the 2019 Reporter’s Notes to Rule 1 . For an overview of the 2019 amendments to the Rules and a summary of the global amendments to the Rules, see 2019 Reporter’s Notes to Rule 1, sections I. and II . (1984) Under the provisions of Mass.R.A.P. 31(d) , transcripts filed in the appellate court need not be returned to the lower court. For this purpose, transcripts are not part of the “original papers.” See Mass.R.A.P. 8(a) , which lists “original papers” as distinct from “the transcript of proceedings.” (1979) The duties of clerks set out in this Rule have been applicable to criminal appellate procedure since the effective dates of Appeals Court Rule 1:27 (February 27, 1975: 3 Mass.App.Ct. 805) and Supreme Judicial Court Rule 1:27 (January 1, 1975: 366 Mass. 862). (1973) Appellate Rule 31, based on F.R.A.P. 45, outlines the duties and responsibilities of the clerk and his assistants. Note that although the clerk’s office is open only during normal business hours, the court is deemed open at all times for purposes of filing motions, papers, and the like. See also Mass.R.Civ.P. 77 .