Me. R. Prob. P. 79
Rule 79. BOOKS AND RECORDS KEPT BY THE REGISTER AND ENTRIES
Length: 607 wordsOfficial source
THEREIN
(a) The Docket. The register shall keep the docket, and shall enter therein
every proceeding to which these rules are fully applicable or which is
enumerated in Rule 81(b). Each estate of a decedent, each guardianship, each
estate of a minor or incapacitated or disabled person, and each trust shall be
assigned a master docket number when the first proceeding concerning it is
commenced in the court. The first and each subsequent proceeding concerning
that estate, guardianship, or trust shall be assigned a subsidiary docket number
consisting of the master docket number and a numerical suffix identifying that
proceeding. The register may keep a single master docket, listing all estates,
guardianships, and trusts in one numerical sequence with all proceedings
concerning a particular estate, guardianship, or trust listed under it, or the
register may keep separate dockets with separate numerical sequences for each
category. Each proceeding enumerated in Rule 81(b) shall be assigned a
separate docket number, and may be listed on a single docket or separate
dockets, except that adoption proceedings must be listed on a separate docket
which shall be kept confidential. Upon the commencement of a proceeding, the
full name of each party and the name and address of the applicant’s, petitioner’s,
or plaintiff’s attorney, if any, shall be entered upon the docket. Thereafter the
name and address of the attorney appearing or answering for any party shall
similarly be entered. All papers filed with the register, all appearances, orders,
and judgments shall be noted chronologically upon the subsidiary docket and
shall be marked with the docket number. These notations shall briefly show the
nature of each paper filed or writ issued and the substance of each order of or
judgment of the court and of the returns showing execution of process. In the
alternative, the notation of an order or judgment may consist of an incorporation
by reference of a designated order, judgment, opinion, or other document filed
with the register by the court, provided that the notation shows that it is made at
the specific direction of the court. The notation of an order or judgment shall
show the date the notation is made.
(b) Judgments and Orders. After the rendition of judgment, the register shall
without unreasonable delay, make extended records of all matters required by
statute, and proceedings in real actions including foreclosure of mortgages,
flowage and partition. In other proceedings, it shall be sufficient to record the
names of the parties, the docket number, the date of the complaint, the date of
service, and the petition or date of rendition of judgment, its nature and the
amount of any damages or costs awarded. Upon application of any party made
not later than 90 days after final judgment the court may order the preparation,
upon payment of fees ordered by the court, of a full record in any proceeding or
such additional record as the party requests. The Chief Justice of the Supreme
Judicial Court shall prescribe the form and manner of making and keeping such
records and may prescribe such further records to be kept as the Chief Justice
may deem appropriate.
(c) Custody of Papers by the Register. The register shall be answerable for
all records and papers filed with the court, and they shall not be taken from the
register’s custody without special order of the court; but the parties may at all
times have copies.
(d) Other Books and Records. The register shall keep such other books and
records as may be required by statute or from time to time by the Chief Justice of
the Supreme Judicial Court.
XI. SPECIAL RULES FOR CERTAIN PROCEEDINGS