Mass. R. App. P. 28

As amended through October 3, 2024
Rule 28 - Procedure in Lower Court Following Rescript
(a) Civil Cases. In a civil case, when the rescript from the appellate court sets forth the text of the judgment to be entered, the clerk of the lower court shall, upon receipt of the rescript, prepare, sign, and enter the judgment which has been ordered. If the rescript orders settlement of the form of the judgment in the lower court, the clerk of the lower court shall sign and enter the judgment after settlement. Notation of a judgment in the lower court docket constitutes entry of the judgment.
(b) Criminal Cases. If the rescript has the effect of entitling the defendant to immediate release from custody, counsel for the defendant, the Commonwealth, and the clerk of the lower court shall immediately take any action necessary to ensure that the defendant is released from custody forthwith. In all other criminal cases, unless the rescript affirms the lower court, the clerk of the lower court shall, upon receipt of the rescript, schedule a hearing forthwith to be held no later than 30 days from the clerk's entry of the rescript.

Mass. R. App. P. 28

Amended May 15, 1979, effective 7/1/1979; amended October 31, 2018, effective 3/1/2019.