Rule 77.Courts and Registers

Rule 77 is the administrative rule that decides when a paper counts as filed and when a party is treated as knowing about an order.

Always open, but the office is not

The courts are deemed always open for filing any pleading or proper paper, issuing and returning process, and making and directing all interlocutory motions, orders and rules, unless otherwise provided by law.

Subsection (b) is more prosaic and is the domestic relations version of the civil rule's clerk's-office provision: the register's office for each county with a register or assistant register in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays.

The filing date

Subsection (c) is the one to know. The clerk date-stamps all papers whatsoever received, whether by hand or by mail, and — critically — any paper so received, whether stamped or not, is deemed filed as of the date of receipt. A missing stamp does not move the date.

If a party later disputes the fact of filing, the court determines the question, taking whatever evidence it deems appropriate, and proof of mailing constitutes prima facie proof of receipt. Keep the mailing receipt.

Notice of orders

Subsection (d) requires the register, unless the order or judgment was entered in open court in the presence of the parties or counsel, to serve notice immediately upon entry, by mail under Rule 5, and to note the mailing in the docket.

The domestic relations addition is in the middle of that sentence: the notice includes the terms of any order of custody, support or alimony. Not merely that an order entered — what it says.

That mailing is sufficient notice for every purpose these rules require notice of entry for, though any party may also serve notice under Rule 5. And the sting is in the last sentence: lack of notice from the register does not affect the time to appeal or authorize the court to relieve a party for failing to appeal in time, except as Rule 4 of the Massachusetts Rules of Appellate Procedure permits.

Moving the file between counties

Subsection (e) covers a case heard in a county other than the one where it is pending. At the Chief Judge's direction the registers transmit the papers; pleadings, motions and papers continue to be filed in the county where the case is pending; and the register for the county where it is heard certifies the proceedings to the Chief Judge and, at any judge's direction, returns all the papers to the county of pendency. Rule 42 is the companion for consolidating actions across counties.