Rule 79.Books and Records Kept by the Register and Entries Therein
Part IX. Courts and Clerks · Last verified September 4, 2026
Full Text of Rule 79
Plain-English Summary
Rule 79 governs the record the court keeps of itself. All three subsections are identical to the civil rule; the civil rule's fourth, on the Land Court, has no counterpart here.
The civil docket
The clerk keeps the civil docket and enters in it each civil action these rules apply to. Actions are assigned consecutive file numbers, and the file number is noted on the folio where the first entry is made.
What goes in is broad: all papers filed, all process issued and returns on it, all appearances, orders, verdicts and judgments — entered chronologically on the folio assigned to that action and marked with its file number.
The entries are brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment and of the returns showing execution of process. And one detail that matters for computing every deadline in these rules: the entry of an order or judgment shall show the date the entry is made. Rule 58 makes a judgment effective only when set out on a separate document and entered as provided here.
The last sentence — the clerk entering the word "jury" on the folio where a jury trial has been properly demanded or ordered — is inherited from the civil rule; Rule 38 is deleted from this set and Rule 39(c) is what allows jury issues to be framed.
Indices and other records
Suitable indices of the civil docket are kept by the clerk according to law under the direction of the court. The clerk also keeps such other books and records as may be required by law or by direction of the court.
Throughout this rule the officer is called the clerk. Rule 81(h)(1) supplies the translation for this court: "Clerk" includes Register of Probate.
Frequently Asked Questions
What has to be entered on the docket?
Rule 79(a) requires all papers filed, all process issued and returns made on it, and all appearances, orders, verdicts and judgments to be entered chronologically in the civil docket on the folio assigned to the action, marked with its file number. The entries are brief but must show the nature of each paper or writ and the substance of each order or judgment.
Does the docket show when a judgment was entered?
Yes. Rule 79(a) provides that the entry of an order or judgment shall show the date the entry is made.
Who keeps the docket in the Probate and Family Court?
Rule 79 refers throughout to the clerk. Rule 81(h)(1) provides that for purposes of these rules 'Clerk' includes Register of Probate.
Are there indices of the docket?
Rule 79(b) requires suitable indices of the civil docket to be kept by the clerk according to law under the direction of the court, and Rule 79(c) requires such other books and records as may be required by law or by direction of the court.