District/Municipal Courts Rules for Appellate Division Appeals

District/Municipal Courts Rules for Appellate Division Appeals Rule 28: Entry of judgment following decision and order

Courts: Boston Municipal Court
District Court
Effective Date: 07/01/1994

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Rule 28

The Appellate Division shall promptly mail to the clerk of the trial court its decision and order, and its opinion, if any. Upon receipt of the decision and order from the Appellate Division, the clerk shall prepare, sign and enter judgment in accordance with said order. If the decision and order directs settlement of the form of the judgment in the trial court, the clerk shall sign and enter the judgment after settlement. Notation of a judgment in the trial court docket constitutes entry of the judgment. Following entry of judgment, the clerk shall forthwith send to the parties notice of entry of judgment in accordance with Dist./Mun.Cts.R.Civ.P. 77(d) together with a copy of the Appellate Division decision and order, and a copy of the opinion, if any.

Commentary

This rule differs somewhat from the Mass.R.A.P. version. The primary difference is the addition of the last sentence requiring the clerk of the trial court to notify the parties of the entry of the Appellate Division judgment and send them copies of the decision and order, and opinion, if any.

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