Court Clerk

Court Clerk in the United States

A court officer primarily responsible for maintaining a court’s calendar and keeping the records of court proceedings. Court clerks file Pleadings (see more) and motions and often issue formal writs and process documents of a court. Attorneys communicate with court clerks on all matters related to scheduling. Court clerks also collect fines and court costs in criminal cases. Once judicial proceedings are completed, court clerks are generally responsible for maintaining the evidence introduced in cases.

See Also

Court Reporter (Judicial Personnel issue) Courtroom Work Group (Judicial Personnel issue).

Analysis and Relevance

The court clerk generally handles the management functions necessary for the effective operation of a court. The position of court clerk is part of the trial court structure. The court clerk is either elected by the public or appointed by the chief or senior judge of the court. In the latter instance, the position is usually a reward for political party service. In some states, the county clerk serves as the court clerk. The county clerk is responsible for all legal recordkeeping in the county and simply extends this function to the courts. The court clerk has little policy influence, but does does have an impact on the efficiency and effectiveness of local judicial operations.

Notes and References

  1. Definition of Court Clerk from the American Law Dictionary, 1991, California

Court Clerk: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Court Clerk. This part provides references, in relation to Court Clerk, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Court Clerk by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Court Clerk and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Court Clerk or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Court Clerk and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Court Clerk. Finding these decisions can be challenging. In many cases, researchers about Court Clerk should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Court Clerk when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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