| Organization: | Massachusetts Court System |
|---|---|
| Date published: | August 27, 2017 |
| Last updated: | January 7, 2026 |
Introduction
The Trial Court Advisory Committee on Impoundment Law and Procedure has prepared this handbook as a reference to assist the courts and the public with the substantive and procedural requirements of Trial Court Rule VIII, Uniform Rules on Impoundment Procedure, as amended in 2015. This handbook is for education and information purposes only and is not intended to constitute or provide legal advice. All persons must perform their own research prior to filing any papers to ensure full compliance with the law governing impoundment.
We hope that you find this handbook helpful. If you have any suggestions for the handbook, please share them with Joseph Stanton, Clerk of the Appeals Court, at joseph.stanton@appct.state.ma.us
Hon. Paula M. Carey
Chief Justice of the Trial Court
The Trial Court Advisory Committee on Impoundment Law and Procedure
- Hon. Paula M. Carey, Chief Justice of the Trial Court, Co-Chair Joseph Stanton, Clerk, Appeals Court, Co-Chair
- Margaret Albertson, Clerk Magistrate, South Boston, District Court Hon. Thomas Billings, Superior Court
- Judith Brennan, First Assistant Clerk, Essex County Superior Court
- Christine Burak, Legal Counsel to the Chief Justice of the Supreme Judicial Court Sarah W. Ellis, Deputy General Counsel, District Court
- Denise Fitzgerald, Manager of Legal Research Services, Probate and Family Court Hon. Michael Laurazano, District Court
- Hon. Tracy Lee Lyons, Boston Municipal Court
- Kathleen McKeon, Clerk Magistrate, Woburn District Court Pamela Casey O’Brien, Register of Probate, Essex County Maria Pena, General Counsel, Superior Court
- Marc G. Perlin, Professor of Law, Suffolk University Law School Anne Marie Ritchie, Administrative Attorney, Juvenile Court Daniel Sullivan, General Counsel for the Trial Court
- Research Attorneys: Julie Goldman, Monica McEnrue, and Siri Nilsson, Appeals Court
- Student Intern: Sara Conway
Table of Contents
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- Uniform Rules on Impoundment Procedure Rule 1: Applicability and definitions
- Uniform Rules on Impoundment Procedure Rule 2: Motion for Impoundment
- Uniform Rules on Impoundment Procedure Rule 3: Ex parte impoundment
- Uniform Rules on Impoundment Procedure Rule 4: Service
- Uniform Rules on Impoundment Procedure Rule 5: Opposition
- Uniform Rules on Impoundment Procedure Rule 6: Involvement of interested nonparties
- Uniform Rules on Impoundment Procedure Rule 7: Hearing
- Uniform Rules on Impoundment Procedure Rule 8: Order of impoundment
- Uniform Rules on Impoundment Procedure Rule 9: Clerk's duties
- Uniform Rules on Impoundment Procedure Rule 10: Modification or termination of order of impoundment
- Uniform Rules on Impoundment Procedure Rule 11: Material impounded by statute, court rule, standing order, or case law
- Uniform Rules on Impoundment Procedure Rule 12: Appellate review
- Uniform Rules on Impoundment Procedure Rule 13: Maintaining confidentiality of impounded material
- Section 2 – Uniform Practice I – Clerk’s Handling of Impounded Material
- Section 3 – Filing of Impounded Information Form
- Section 4 – Order of Impoundment Forms
- Section 5 – List of Authorities Designating Material As Impounded, Confidential, or Not Available for Public Inspection