Upon an appeal, where the court under General Laws Chapter 215, Section 18 , has appointed a stenographer to take the evidence to be reported to the Appeals Court or the Supreme Judicial Court, the appellant, unless he files with the appeal a disclaimer of any right to rely upon the transcript of the evidence, shall, within sixty days of the date of the appeal, file with the register for the use of the court and for use in the preparation of the record on appeal one certified transcript of the stenographic notes taken by the stenographer. The court, at any time, may extend the time for filing the transcript. The transcript shall be subject to the right of the court, before copies thereof are prepared for the use of the Appeals Court or the Supreme Judicial Court, to direct that the transcript be submitted to it for such correction as it may direct after hearing.

When decree or judgment after rescript has been entered or after dismissal of appeal, the register shall notify the persons supplying the transcript to call for the same within ten days, and, if not so called for, the transcript may be destroyed.

Added December 14, 2011, effective January 2, 2012.

Reporter's Notes 

(2012) The rule is updated now that we have an Appeals Court.

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