Chapter 221

Section 1. The justices of the supreme judicial court shall appoint the clerk of the supreme judicial court for the commonwealth for a term of five years from the date of his appointment, and may appoint an assistant clerk of said court for a term of three years from the first da…

Section 10. If at a sitting of any court neither the clerk nor assistant clerk is present, the court may appoint a temporary clerk, who shall perform the duties of the office during the sitting or until the clerk or assistant clerk resumes his duties, unless an appointment under …

Section 100. Each temporary clerk shall be paid by the clerk for whom he is acting such compensation as the court appointing him may determine. Each temporary assistant clerk appointed under section nine shall receive from the commonwealth the same salary as the assistant clerk f…

Section 101. Except as otherwise provided, the salaries of clerks shall be in full compensation for all services rendered by them in the civil or criminal courts, to the county commissioners, in making any returns required by law or in the performance of any other official duty.

Section 102. The clerks of the courts in the several counties, the clerks of the supreme judicial court for Suffolk county and the clerks of the superior court for said county shall each be annually allowed for clerical assistance, to be paid by the commonwealth such amounts as s…

Section 11. The clerk, assistant clerk, temporary clerk and temporary assistant clerk of a court shall be sworn before a justice thereof, who shall, upon administering the oaths of office, forthwith make return of such act with the date thereof to the state secretary.

Section 12. The clerk and assistant clerk of the supreme judicial court for the commonwealth shall each, before entering upon the performance of his duties, and thereafter, at intervals of not more than one year, so long as he continues to hold such office, give bond, in the sum …

Section 13. Each clerk shall forthwith report to the state secretary a vacancy in the office of assistant clerk, and shall report the name and residence of the person appointed to fill such vacancy, and the date of the expiration of the term of service.

Section 14. The clerks shall attend all the courts of which they are clerks when held in their respective counties, and the sessions of the county commissioners, and shall record their proceedings; and shall have the care and custody of all the records, books and papers, whether …

Section 15. The clerk of the supreme judicial court for Suffolk county shall attend all sessions of the court, except when sitting as a full court; shall record the proceedings and shall preserve all the files and papers thereof, including electronic filings; shall keep an electr…

Section 16. The clerk of the superior court for civil business in Suffolk county, or such assistant clerk of said court as the justices thereof designate for such duty, shall act as clerk of said court when sitting in Boston for the hearing of cases from any other county, and for…

Section 16A. The clerk of the superior court for criminal business in Suffolk county may designate, with the approval of the chief justice of the trial court, 1 assistant clerk appointed under section 5, as the unified session clerk to perform, under the direction of the clerk of…

Section 17. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Federal government shutdown'', any period in which all non-essential federal government functions cease as a result of a failure to ena…

Section 18. Any affidavit required in any action or proceeding pending in any court in the commonwealth may be made and sworn to before a clerk or assistant clerk of such court.

Section 19. The clerks shall cause one or more copies of all notices of appeal, orders for the report of cases, and bills of exceptions in criminal matters which may be filed or allowed in cases in which the attorney general appears for the commonwealth to be printed and forwarde…

Section 2. The clerk shall attend all sessions of the court, preserve all the files and papers thereof, keep a docket record of all questions transferred, and of all petitions, complaints or other processes presented to the court, and enter thereon the names of the parties in ful…

Section 20. When a rescript is filed in a case or proceeding in any court, the clerk, register or recorder of such court shall forthwith give notice thereof to an attorney of record of each party. The clerk of the supreme judicial court for the commonwealth shall transmit a copy …

Section 22. A clerk of the courts may issue any order of notice upon any complaint or other proceeding in a civil action which might be issued by court; but the court or a justice thereof may cause additional notice to be given.

Section 23. Each clerk shall keep an alphabetical list of the names of all parties to every action or judgment recorded in the records and a reference to the book and page thereof; and, if there are two or more plaintiffs or defendants, the name of each and a like reference shall…

Section 26. The clerk of any court in which a physician registered in the commonwealth is convicted of any crime or in which an unregistered practitioner is convicted of holding himself out as a practitioner of medicine or of practicing medicine shall, within one week thereafter,…

Section 27. The supreme judicial court shall by rule or order direct in what manner and to what extent, if any, the papers in causes which are entered in any court of the commonwealth shall be extended upon the records, after final judgment or otherwise, and what shall be a final…

Section 27A. The supreme judicial court may by rule or order provide for the disposal by destruction or otherwise of obsolete and useless papers or records which have been filed or deposited in any court of the commonwealth or in the custody of any of the clerks of the courts act…

Section 28. The clerks of the courts in the several counties and of the supreme judicial and superior courts in Suffolk county shall at the first sitting in each year of the supreme judicial court in their counties exhibit their latest books of records to a justice of the court, …

Section 29. The justices of the several courts shall inspect the doings of the clerks from time to time, and shall see that the records are made up seasonably and kept in good order; and if the records are left incomplete for more than six consecutive months, such neglect unless …

Section 3. There shall be a clerk for the supreme judicial court for the county of Suffolk, and two clerks for the superior court of said county, one for civil and one for criminal business; and in each of the other counties a clerk of the courts who shall act as clerk of the sup…

Section 30. If any neglect causes a forfeiture of the bond of a clerk or assistant clerk, the justices shall forthwith give written notice thereof to the treasurer having custody thereof, who shall thereupon cause suit to be brought thereon. The amount recovered in such suit shal…

Section 31. The two preceding sections shall not exempt a clerk or assistant clerk from an action for any other breach of the condition of his bond or from his liability in any other way or to any party for neglect or misconduct in his office.

Section 32. The clerks of the courts in the several counties, and of the supreme judicial court and superior court department for Suffolk county, shall keep cash books, which shall be the property of the commonwealth and shall be and remain a part of the records of the courts, in…

Section 33. Each assistant clerk shall under the direction of the clerk perform any of the duties of the clerk and shall pay over to him all fees and amounts received as such assistant. In the absence or upon the resignation, death or removal of the clerk, the assistant clerk sha…

Section 34A. There shall be a judicial council for the continuous study of the organization, rules and methods of procedure and practice of the judicial system of the commonwealth, the work accomplished, and the results produced by that system and its various parts. Said council …

Section 34B. The judicial council shall report annually on or before December first to the governor upon the work of the various branches of the judicial system. Said council may also from time to time submit for the consideration of the justices of the various courts such sugges…

Section 34C. No member of said council, except as hereinafter provided, shall receive any compensation for his services, but said council and the several members thereof shall be allowed from the state treasury out of any appropriation made for the purpose such expenses for cleri…

Section 34E. The justices of the supreme judicial court shall appoint a mental health legal advisors committee consisting of fourteen attorneys, four of whom shall hold office for a term of four years, four for a term of three years, three for a term of two years and three for a …

Section 35. There shall be a board of bar examiners consisting of five persons, at least four of whom shall be residents of different counties, one of whom shall annually be appointed by the justices of the supreme judicial court for a term of five years from October first in the…

Section 36. Said board may, subject to the approval of the supreme judicial court, make rules with reference to examinations for admission to the bar and the qualifications of applicants therefor, and determine the time and place of such examinations, and conduct the same; provid…

Section 36A. No rule requiring that an applicant for admission to the bar shall have completed any college work shall apply to any person who served in the armed forces of the United States during World War II.

Section 37. A citizen of the United States, if over eighteen, may file a petition in the supreme judicial court or superior court to be examined for admission as an attorney at law. Unless the court otherwise orders, the clerk of such court shall refer the petition to the board o…

Section 38. Whoever is admitted as an attorney shall in open court take and subscribe the oaths to support the constitution of the United States and of the commonwealth; and the following oath of office shall be administered to and subscribed by him: I (repeat the name) solemnly …

Section 38A. Every alien who has made the primary declaration to become a citizen of the United States under the federal naturalization laws shall, upon otherwise complying with section thirty-seven, be permitted to file a petition in the supreme judicial or superior court to be …

Section 39. A citizen of the United States, whether man or woman, who has been admitted as an attorney or counsellor of the highest judicial court of any state, district, territory or country of which he was an inhabitant may, upon petition to the supreme judicial or the superior…

Section 4. The justices of the supreme judicial court shall appoint for a term of three years from the date of their appointment, and may remove, first assistant clerks of courts for the counties of: Barnstable, Bristol, Dukes, Essex, Franklin, Hampden, Middlesex, Norfolk, Plymou…

Section 40. An attorney may be removed by the supreme judicial or superior court for deceit, malpractice or other gross misconduct, and shall also be liable in damages to the person injured thereby, and to such other punishment as may be provided by law. Whenever a petition is fi…

Section 41. Whoever has been so removed and continues thereafter to practice law or to receive any fee for his services as an attorney at law rendered after such removal, or who holds himself out, or who represents or advertises himself as an attorney or counsellor at law, or who…

Section 42. The clerk of the supreme judicial court for Suffolk county shall cause to be made, and shall keep, a complete record in suitable form of all persons who are, or ever have been, or hereafter become, attorneys at law in this commonwealth, and of the suspension, removal …

Section 42A. Notwithstanding any general or special law or rule or regulation to the contrary, no attorney licensed in the commonwealth shall be removed or otherwise subject to discipline, including through the revocation, suspension or cancellation of the attorney's license or r…

Section 43. No attorney at law shall, through any runner, agent or person, hereinafter called a runner, who is employed by him solicit a person to employ him, nor shall any such runner solicit a person to employ such attorney, to present a claim for damages, or to prosecute an ac…

Section 44. If it appears to the satisfaction of the court that an attorney whose appearance has been entered in any suit has in connection therewith violated the preceding section, such attorney may in the discretion of the court be disqualified from further acting in said suit,…

Section 44A. No person in the employ of, or in any capacity attached to or connected with, any hospital, infirmary or other institution, public or private, which receives patients for medical or surgical treatment, shall communicate, directly or indirectly, with any attorney at l…

Section 44B. The superintendent or other person in immediate charge of each hospital, infirmary or institution referred to in section forty-four A shall cause to be posted and kept posted in a conspicuous place therein printed copies of said section. Printed copies of said sectio…

Section 45. A sheriff, deputy sheriff or constable who appears in court as attorney for any party to a suit, or draws, makes or fills up a writ, declaration, plea or process for such party, or, with intent to procure himself to be employed in the collection of a demand, or in any…