Mass. R. Sup. Jud. Ct. 1:09

As amended through May 7, 2024
Rule 1:09 - Form of Original Executions for All Courts of the Commonwealth

G. L. c. 235, §§ 22, 23, as amended. Provides statutory authority for this rule.

Original executions to be issued in all courts of the Commonwealth on judgments against executors, administrators, and other fiduciary officers in their representative capacity, including any such original execution running against two or more parties, any one or more of whom are fiduciary officers as aforesaid in their representative capacity, or against sheriffs under G.L. c. 37, § 10, or special judgments entered under G.L. c. 235, § 24, shall in the last sentence after the words "in sixty days from the date hereof' contain the clause "or within ten days after this writ has been satisfied or discharged."

All other original executions to be issued on judgments in all courts of the Commonwealth shall contain a last sentence reading as follows:

"Hereof fail not, and make return of this writ with your doings thereon into the clerk's office of our said Court, at __________ within our county of __________, within twenty years after the date of said judgment, or within ten days after this writ has been satisfied or discharged,"

No execution shall be invalid which conforms in substance to the provisions of this rule.

Mass. R. Sup. Jud. Ct. 1:09