Massachusetts General Laws

Mass. Gen. Laws ch. 221, § 91C (2026)

Appointment of stenographer in civil cases before auditor or master; admissibility of transcripts

✓ current as of July 2026

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Section 91C. Any party to a civil proceeding assigned to trial before an auditor or master may, upon motion duly made to the court, have such proceedings recorded at his own expense. Such party shall include in his motion the name of the official stenographer to be designated by the court. Said official stenographer, after being duly sworn, may take notes of all testimony adduced before the auditor or master. The transcripts thereof, after certification by said stenographer, shall be admissible in evidence in any further trial or hearing of the matter as evidence of testimony given, whenever proof of such testimony is otherwise competent.

Notes of Decisions

Cited in 3 cases, 1976–1980 · leading case: Bills v. Nunno, 346 N.E.2d 718 (Mass. App. Ct. 1976).

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Bills v. Nunno, 346 N.E.2d 718 (Mass. App. Ct. 1976). “That course, not open as of right to parties who (as in this case) have neglected to secure the appointment of a reporter to take the testimony (see Rule 49, § 7, of the Superior Court [1974] and G. L. c. 221, § 91C, as appearing in St. 1967, c.”

Jones v. Town of Wayland, 358 N.E.2d 822 (Mass. App. Ct. 1976). · cites it 2× “Nor does the defendants’ invocation of the provisions of G. L. c. 221, § 91C (note 4, supra), require a conclusion different from any of those reached in the Michelson case.”

Dynamics Rsch. Corp. v. Analytic Sciences Corp., 400 N.E.2d 1274 (Mass. App. Ct. 1980). “There were seventeen days of evi-dentiary hearings ending on January 29, 1973 (a stenographer had been appointed pursuant to G. L. c. 221, § 91C), and the master heard oral argument and received briefs on April 11, 1973.”

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