Clerks Failing To File Liability

Custom Digest - 9 Headnotes
Kleim v. Sansone, 2007 WL 1975919

79CLERKS OF COURTS
79k 64Powers and Proceedings in General
79k 64. 1k. In general.
Mo.App.E.Dist.,2007
In Missouri's circuit system, the filing of a petition with a clerk of any division of the circuit
court constitutes a filing with the circuit court. V.A.M.S. Const. Art. 5, 27.2(a).
Elliott v. May, 122 Fed.Appx. 944
C.A.10.N.M.,2004
Complaint did not support negligence claim against district court clerk in alleging that clerk
should have reviewed borrower's Chapter 7 petition prior to permitting him to file it, and, as a
result of that review, should have known that borrower was unable to receive Chapter 7 dis-
charge and thus refused to accept borrower's processing fee, given lack of showing that clerk
had statutory or common-law duty to review litigants' proposed filings for accuracy or legal
validity, and, upon such review, determine whether action could be filed.
Maginn v. City of Glendale, 85 Cal.Rptr.2d 639
Cal.App.2.Dist.,1999
Court rule requiring that a civil case cover sheet accompany the first paper filed in an action,
for statistical purposes, does not expressly authorizes the superior court clerk to refuse to file
the first paper on the ground it is not accompanied by the cover sheet. Cal.Rules of Court,
Rule 982.2.
Superior court clerk, upon being informed that immediate filing of inverse condemnation
complaint and issuing of summons were necessary to satisfy applicable limitation statute,
erred by refusing to file the complaint and issue summons, while requiring counsel to provide
the cover sheet later.
Rojas v. Cutsforth, 79 Cal.Rptr.2d 292
Superior court clerk was required to file personal injury complaint that was received within
limitations period, though plaintiff failed to sign declaration of court assignment and sum-
mons did not reflect the address of proper division of court. West's Ann.Cal.C.C.P. 128.7(a).
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2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
Robinson v. Lohman, Director of Revenue, 949 S.W.2d 907
Mo.App.S.Dist.,1997
Filing of a petition with a clerk of any division of circuit court constitutes a filing with circuit
court.
State ex rel. Patrick v. Kidd, 631 S.W.2d 666
Mo.App.E.Dist.,1982
Adult Abuse Act litigant does not have to prove to circuit clerk that he or she is not represen-
ted by counsel in the proceedings but, rather, all litigant need do is advise circuit clerk he or
she is not represented by counsel in proposed filing under Adult Abuse Act and circuit clerk
must then render assistance to such litigant as is mandated by section of Act requiring circuit
clerk to explain procedures for filing forms and pleadings and to advise petitioner in regard to
his or her right to file motion and affidavit to sue in forma pauperis. V.A.M.S. 455.025.
State v. Errington, 310 N.W.2d 681
Minn.,1981
Word court in subsections of Domestic Abuse Act, requiring court to provide forms and
clerical assistance to help with writing and filing of petition, to advise petitioner of right to
file motion and affidavit and to sue in forma pauperis, and to assist with writing and filing of
motion and affidavit, would be interpreted as meaning clerk of court and thus Act did not
violate separation-of-powers doctrine. 49 M.S.A., RCrP 29.03; M.S.A. 518B, 518B.01,
subd. 4(d, e).
People v. Howard, 46 P.2d 268
Where notices of appeal and statements of grounds of appeal were sent by prisoner to clerk's
office with statement that dates should be filled in and filed on denial of motions, filling in of
such dates on direction of judge and filing of notices as requested held sufficient to effectuate
appeal, though court had no authority to direct clerk to perform such acts.
References
15A Am. Jur. 2d Clerks Of Court 21-27
END OF DOCUMENT
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Voit v. Superior Court, 134 Cal.Rptr.3d 381
79CLERKS OF COURTS
79k 65k. Nature and extent of authority.
No statute, rule of court, or case law gives the court clerk's office the authority to demand that
a petitioner cite or quote precedent before his motion will be filed.
Brown v. Levy, 25 A.3d 418
Pa.Cmwlth.App.,2011
A prothonotary, while playing an essential role in the court system, lacks authority to interpret
statutes, evaluate the merits of a litigant's pleading, and decline to accept a timely filed docu-
ment.
Pa.Cmwlth.App.,2011
Prothonotary lacked authority to refuse to accept pro se complaint filed by inmate; although
inmate's complaint was barred by Prison Litigation Reform Act's (PLRA) three strikes rule,
prothonotary's role was purely ministerial and did not include statutory interpretation. 42
Pa.C.S.A. 6602.
Wilson v. Watson, 524 S.E.2d 812
N.C.App.,2000
County clerk of court had jurisdiction to deny motion to compel an accounting by an attorney-
in-fact who was relieved of the responsibility to file reports, inventories, and accounts with
the clerk; statute gives to the clerk of superior court jurisdiction to audit the accounts of fidu-
ciaries. G.S. 7A-103(15).
Cable v. Hatfield, 505 S.E.2d 701
W.Va.,1998
Circuit clerk lacked authority to refuse to file complaint on ground that prospective plaintiffs
failed to tender filing fee for each prospective plaintiff. Code, 59-1-11(a); Rules Civ.Proc.,
Rule 20(a).
Interinsurance Exchange v. Collins, 37 Cal.Rptr.2d 126
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Clerk of court may not refuse to enter default on ground that plaintiff has not yet filed signed
declaration of defendant's nonmilitary status, as Soldiers and Sailors' Civil Relief Act does not
require that signed declaration be filed at that time; Congress sought to protect military per-
sonnel not from default, but from default judgment. Soldiers' and Sailors' Civil Relief Act of
1940, 200(1), as amended, 50 App.U.S.C.A. 520(1).
Stephenson v. Board of Com'rs of Cobb County, 405 S.E.2d 488
Ga.,1991
Clerk of superior court has neither express nor implied legislative grant of power to contract
for services of attorney to defend lawsuits filed against office. O.C.G.A. 15-6-60, 15-6-61.
Huntington Nat. Bank v. Miller, 521 N.E.2d 844
Ohio.App.10.Dist.Franklin.Co.,1987
Ordinarily, a clerk of court cannot refuse to accept papers for filing if the determination of
propriety of filing constitutes a question of law since only a court can determine rights of a
party.
Huntington Nat. Bank v. Miller, 521 N.E.2d 844
Ohio.App.10.Dist.Franklin.Co.,1987
If a party presents a paper for filing and the clerk of court refuses to accept the paper for filing
, the clerk should so indicate on the docket, together with the reason for refusal.
McKenzie v. Seaboard System R.R., Inc., 326 S.E.2d 502
Ga.App.,1985
Clerk of superior court did not err in informing indigent plaintiff who had filed pauper's affi-
davit in original wrongful death action that she was liable for no costs incurred up to point at
which original action had been voluntarily dismissed without prejudice. O.C.G.A. 9-15-2.
Warner v. Cortese, 288 A.2d 550
Pa.Cmwlth.App.,1972
Prothonotary may have the power, and even the duty, to inspect documents tendered for filing
and to reject them if they are not on their face in proper form specifically required by rules,
but such power is limited; prothonotary is not in position of an administrative officer who has
discretion to interpret or implement rules and statutes.
Tir v. Shearn, 119 N.E.2d 406
Ill.App.1.Dist.,1954
A clerk of court has no authority to determine whether requested instructions have been
presented to and refused by a trial judge, to receive and file purported refused instructions, or
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to certify that certain papers are refused instructions.
Spencer v. Lyman Falls Power Co., 196 A. 276
Vt.,1938
Though a clerk of court must give immediate written notice to counsel of record of all orders,
judgments, or other papers in cause filed in his office, clerk is not required to keep counsel in-
formed of condition of docket in other respects, and need not give notice that bills of excep-
tions have not been signed and filed. P.L. 1372; County Court Rules, rule 5; Chancery Rules,
rule 54.
People v. San Filippo, 255 Ill.App. 554
In Illinois, deputy clerks of county court are mere agents of their principal, and have only de-
rivative powers, the actual authority being in principal.
Hart v. Capital Film Co., 202 P. 483
While a clerk of a superior court acts in a ministerial capacity in entering a default and in ren-
dering default judgments, and while his acts are not supported by the presumptions to be in-
dulged in connection with the judgments of courts of superior jurisdiction, he is yet a public
officer, and his solemn acts done in the discharge of his official duty cannot be set absolutely
at naught except upon some affirmative showing that they have been incorrectly performed, in
view of Code Civ.Proc. 1963, subd. 15.
In re Kaufman's Estate, 1 Som. L.J. 216
Pa.Orph.,1920
It is duty of clerk of orphans' court to inspect papers filed, especially by laymen without aid of
counsel, and to refuse to receive those that are defective and irregular, and such papers, if
filed, will be stricken off.
Smith v. Perkins, 102 N.W. 971
Mich.,1905
The duties of the clerk of the circuit court not being prescribed, he is subject to all legitimate
orders of the court, and so may not object to an order for the filing with him of a certificate of
deposit in lieu of a bond as security for costs.
Metropolitan Nat. Bank v. Commercial State Bank, 74 N.W. 26
Iowa,1898
In an action to collect a debt due an insolvent debtor by the receiver thereof, who is at the
same time clerk de facto of the trial court, his acts as such clerk in docketing the case, filing
papers, and making entries in the receivership matter cannot be questioned.
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In re Woodbury, 7 F. 705
C.C.S.D.N.Y.,1881
Where a clerk of a federal court receives a requisition for a search for judgments, etc., he is
authorized to file it for his own protection, and cannot be required to return the same to the
party delivering it, with the requested certificate thereto attached.
Everett v. Gooding, 53 Ind. 72
Ind.,1876
Authority to order or allow the filing of substituted papers belongs, not to the clerk, but to the
court.
Frink v. Frink, 43 N.H. 508
N.H.,1862
It is the ordinary duty of the clerk of a court of record to extend the record of the proceedings
in each suit from the process and pleadings on file and from the minutes and entries on the
dockets; and he can resort to no extrinsic evidence for that purpose.
Ayres v. Taylor, 3 Cushm. 200
Miss.,1852
A statute provides that the clerk of a circuit court shall be empowered to administer oaths in
all cases wherein an affidavit is necessary as the foundation of any official act to be performed
by any such clerk. Held, that the affidavit to a complaint filed is not the foundation of any
such official act.
Pearson v. Gayle, 11 Ala. 278
Ala.,1847
When the clerk, pursuant to an order of the court that a bond, to be approved by him, should
be filed within 90 days, receives a bond within the time, and indorses it filed in office, he can-
not afterwards be permitted to testify that he did not approve or disapprove it.
Caldwell v. Estell, 20 N.J.L. 326
N.J.,1844
The clerk of the supreme court may permit the attorney to make out a transcript of the plead-
ings in a cause, and to affix the signature of the clerk and the seal of the court, to the certific-
ate required by law, when, in fact, such pleadings are on file.
People ex rel. Risk v. Fletcher, 2 Scam. 482
Ill.,1840
Since in receiving and filing the bond of a sheriff, and administering to him the oath of office,
a clerk of the circuit court acts ministerially, these acts may be performed out of court.
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References
END OF DOCUMENT
Page 5
Norris v. Norris, 692 S.E.2d 190
79CLERKS OF COURTS
79k 66k. Judicial functions and proceedings.
N.C.App.,2010
Clerk who set aside adoption decrees in favor of paternal grandparents due to lack of notice to
maternal grandparent, who subsequently filed motion to intervene in custody action and mo-
tion to consolidate custody and adoption actions, was required to transfer the proceedings to
the district court for a hearing if, on remand, adoption action was still contested. West's
N.C.G.S.A. 48-2-601(a1).
Keith v. Wallerich, 687 S.E.2d 299
N.C.App.,2009
Superior Court had subject matter jurisdiction to hear trust pursuit claim, where trustee com-
menced special proceeding by filing petition which in part asserted claim that he be allowed
to resign as trustee, clerk of Superior Court entered an order which in part accepted trustee's
resignation as co-trustee, and clerk then transferred the remaining claims, motions and issues,
including beneficiary's trust pursuit claim to the superior court for resolution. West's
N.C.G.S.A. 1-3, 1-301.2(c), 36C-2-203(a)(9), (f).
Plummer v. Plummer, 808 N.Y.S.2d 414
N.Y.App.Div.2.Dept.,2006
Father properly sought prior written permission to file a new visitation petition by means of a
petition filed with the clerk of the Family Court, and properly, in effect, annexed a proposed
visitation petition which sought to hold mother in violation of a prior visitation order, where
Family Court order which directed father to seek prior written permission did not direct him to
seek permission in any particular fashion, and did not direct father to submit papers seeking
such permission directly to judge who had issued earlier visitation order. N.Y.Ct.Rules,
205.8, 205.9.
Sullivan v. Eighth Judicial Dist. Court In and For County of Clark, 904 P.2d 1039
Nev.,1995
When document of proper form is submitted to clerk of district court, clerk has ministerial
duty to file that document; clerk has no discretion to make any judicial ruling regarding legal
sufficiency of document.
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Ayala v. Goad, 531 N.E.2d 1040
Clerk's acts of accepting a complaint for filing without the fee, file stamping it, and assigning
it a docket number, gave court jurisdiction over case, and clerk could not later change filing
date of complaint without leave of court.
Williams v. Jennette, 335 S.E.2d 191
N.C.App.,1985
Under Rule 6(b) [Rules Civ.Proc., Rule 6(b), G.S. 1A-1], clerk of court had authority to ex-
tend time for filing complaint.
U.S. v. Jones, 669 F.2d 559
C.A.8.Mo,1982
The clerk of the district court or the clerk of the Court of Appeals should notify the defendant
that his notice of appeal is ineffective as premature and should explain that a new notice of ap-
peal must be filed within ten days after denial of the motion for a new trial or an arrest of
judgment. F.R.A.P.Rule 4(b), 28 U.S.C.A.
Scrivens v. Elizabeth Lund Home, 421 A.2d 1276
Vt.,1980
Circumstances surrounding mother's relinquishment of parental rights over natural child to ad-
option agency did not present emergency situation such as would justify register to hold hear-
ing upon receipt of relinquishment and enter order terminating her parental rights in physical
absence of probate judge from courthouse where probate judge knew of appointment for relin-
quishment of parental rights several days in advance, and hearing held by register for purpose
of terminating parental rights upon filing of relinquishment was more than nine days earlier
than required by law, beating judge's return to courthouse by only a few hours. 4 V.S.A.
355; 15 V.S.A. 432(b).
Evans v. Prothonotary of Supreme Court of Pa., Western Dist., Pittsburgh, Pa. 15219, 324
F.Supp. 732
W.D.Pa.,1971
The court rule directing prothonotary to present to court for action certain petitions which are
filed did not apply to petitions which prothonotary is authorized to dismiss for failure to pre-
pay costs, and which are never filed. Supreme Court Rules Pa., rules 69, 77.
Becker County Sand & Gravel Co. v. Taylor, 153 S.E.2d 19
N.C.,1967
Where petition for partition of land was filed with clerk of superior court and no appeal was
taken, proceeding was not properly before judge of superior court. G.S. 1-272, 1-276.
Page 2
Market St. Nat. Bank of Shamokin v. Lark Hosiery Mills, 15 Northumb.L.J 333
Pa.Com.Pl.,1942
The Prothonotary is without authority in the absence of an Act of Assembly or rule of court to
issue a rule for judgment as a result of the filing of interrogatories and upon exception to the
rule the court will dismiss the same.
Cody v. Hovey, 14 S.E.2d 30
N.C.,1941
Where clerk of superior court granted motion to file an amendment to answer at which time an
appeal was noted by plaintiff, and matter was heard without objection at May term of superior
court by the judge who took matter under advisement and did not decide it before leaving the
district, and thereafter the case was placed on calendar and reached in November term, and
was argued without objection, any irregularity in procedure by which appeal came on to be
heard was waived. C.S. 635.See publication Words and Phrases for other judicial con-
structions and definitions.
Steve v. Colosimo, 7 N.E.2d 983
Ind.,1937
Statute providing for issuance by clerk, in action in ejectment, upon filing of complaint and
affidavit, of order to sheriff to seize possession of property whereupon defendant may retain
possession by executing undertaking, held not unconstitutional. Burns' Ann.St. 3-1304 to
3-1306; U.S.C.A.Const. Amend. 14; Const.Ind. art. 1, 12.
Columber v. City of Kenton, 145 N.E. 12
Ohio,1924
Nonfeasance of clerk in furnishing transcript not ground for dismissal of petition in error,
where transcript filed immediately on discovery thereof.
Austin v. Morris, 134 N.E. 471
Ohio,1921
Where appeal bond has been filed in good faith and has been approved by the clerk of court,
the appellate court, under Gen.Code, 11363, may permit its amendment, so as to correct any
mistake in form or substance.
Austin v. Morris, 134 N.E. 471
Ohio,1921
Where appeal bond had been filed with and approved by the clerk of court, without the names
of the obligees in blank space provided therefor, under Gen.Code, 12230 (repealed 1936.
See 12223-14) it was not error for the appellate court, under section 11363, to permit the
names of obligees to be inserted, notwithstanding section 12232 (repealed 1936. See
12223-16).
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Wyoming Central Irr. Co. v. Laporte, 188 P. 360
Wyo.,1920
Under Sess.Laws 1911, c. 22, W.C.S.1945, 3-4204, authorizing filing of transcript of judg-
ment in office of clerk of county other than where it was rendered, to make it a lien on the
property of the judgment debtor in such county, no power exists in clerk of court in which
transcript is filed to issue execution, such authority not being expressly conferred, and an exe-
cution so issued is void. The clerk of the court of the county where the judgment was rendered
should issue execution, as authorized by Comp.St.1910, 4668.
Rose v. Lelande, 129 P. 599
The clerk of the superior court has no judicial power to pass on the sufficiency of an answer
filed in due time, but the question is for the court on motion for judgment on the pleadings, or
on motion to strike out the answer.
Akron Waterworks Co. v. Swartz, 18 Ohio C.D. 627
Ohio.Cir.,1906
Where an excepting party has filed a bill of exceptions, and the clerk, through no fault of the
exceptor, transmits the same to the trial judge on the tenth day after service of notice of the
filing thereof on the adverse party, this is too soon, under Rev.St. 5301 (See Gen.Code,
11564, 11565), but this irregularity is not jurisdictional unless it is made to appear that such
adverse party has been really prejudiced thereby.
Appeal of Kane, 29 P. 424
Mont.,1892
Act March 6, 1891 (St.2d Sess. p. 219), provides that the clerk of the district court may, in va-
cation, grant letters of guardianship where no protests or objections are made or filed
thereto; and that any such act of the clerks shall be binding on all the parties interested
therein until the next term of the court after they are entered of record, when they shall be read
in open court, and approved, set aside, or modified; but until so set aside or modified it shall
have the same force and effect as if done by the court. Held, that the statute does not give the
clerks any judicial power, and therefore does not authorize a clerk in vacation to adjudge a
person insane, and to appoint a guardian.
Broerman v. Townsend, 6 W.L.B. 722
Ohio.Dist.,1881
One who has given a bond for appeal within the statutory time cannot be deprived of his right
of appeal by omission of the clerk to file the transcript within the time prescribed by law.
People ex rel. Polhemus v. Loewy, 29 Cal. 264
Page 4
Cal.,1865
A stipulation was filed in a case, stating, among other things, that its provisions were accepted
as a compromise of a counterclaim which had been set up, and agreeing that the counterclaim
should be stricken from the answer. It also provided that an account of the matters thus set up
should be taken, and, if a balance should be found due defendant, that judgment might be
entered for him. Held, that it was not the duty of the clerk to dismiss the action at the request
of plaintiff. It was a matter which pertained to the court.
Morrow v. Malone, 5 Sneed (TN) 642
Tenn.,1858
The plaintiff is required to file his declaration within the first three days of the term to which
the writ is returnable, or his suit may be dismissed on motion. The fact that the judge of the
court did not attend at the return term, and there was no court, will not excuse the plaintiff, as
the declaration have been filed with the clerk.
Pugh v. Corwine, 1 Ohio Dec.Reprint 451
Ohio.Dist.,1852
50 Laws, 95, Curwen's St. c. 1124, 9, provides that, when appeals shall be granted according
to law, the clerk shall forthwith make out an authenticated transcript of the docket or journal
entries, and of the final judgment or decree made and rendered in the case; which transcript,
together with the original papers and pleadings filed in the cause, he shall deliver into the of-
fice of the clerk of the district court on or before the first day of the term thereof next after
perfecting the appeal. Held, that such statute is directory only, and the clerk's omission to per-
form his duty will not affect the jurisdiction of the court; and that where the clerk below neg-
lects to file the papers of a cause appealed, as required by such statute, on the first day of the
term of the district court next after the appeal is taken, appellant may have the case docketed
and the papers filed on a subsequent day.
Pugh v. Corwine, 1 Ohio Dec.Reprint 451
Ohio.Dist.,1852
Where the clerk of the court neglects to file the papers of the cause appealed, as he is required
to do by statute on the first day of the term of the district court next after the appeal is taken,
appellant may have the case docketed and the papers filed on a subsequent day; the clerk's
omission to perform his duty cannot affect the jurisdiction of the court.
Coonce v. Munday, 3 Mo. 373
Mo.,1834
The clerk of the circuit court has authority to issue an execution on a transcript of a judgment
of a justice of the peace filed in his office.
References
Page 5
END OF DOCUMENT
Page 6
Ex parte Jackson, 366 S.W.3d 201
79CLERKS OF COURTS
79k 67k. Ministerial functions and acts.
Tex.Crim.App.,2012
Clerk of district courts of county in which habeas petitioner was originally convicted of ag-
gravated sexual assault was required to forward for filing all materials relevant to petitioner's
conviction as required by statute, under penalty of contempt, to permit court of criminal ap-
peals to review petition and take action on convicting court's recommendation that petition be
granted on grounds of actual innocence. Vernon's Ann.Texas C.C.P. art. 11.07(3)(d).
Knowles v. Thomas R. Bryant, M.D., P.C., 2012 OK CIV APP 64
Okla.Civ.App.Div.2,2012
A court clerk may not refuse to file a noncomplying pleading.
In re Vogler Realty, Inc., 722 S.E.2d 459
N.C.,2012
Statute mandating that trustee for deed of trust file final report of receipts and disbursements
with respect to foreclosure sale and audit by clerk of superior court of that report did not au-
thorize clerk to review for reasonableness trustee's distribution of attorney fees incurred in
foreclosure proceedings; audit was ministerial duty limited to determining whether report re-
flected actual receipts and disbursements made by trustee. West's N.C.G.S.A. 45-21.33(a,
b).
Hales v. State, 78 So.3d 654
Fla.App.4.Dist.,2012
Prisoner who was serving a life sentence for sexual battery was not entitled to writ of manda-
mus compelling circuit court clerk to explain why a copy of the indictment in his case was
stamped as filed after the date of his conviction; clerk did not have a ministerial duty to an-
swer prisoner's demands for an explanation.
Voit v. Superior Court, 134 Cal.Rptr.3d 381
If a document is presented to a superior court clerk's office for filing in a form that complies
with the rules of court, the clerk's office has a ministerial duty to file it, and, even if the docu-
ment contains defects, the clerk's office should file it and notify the party that the defect
Page 1
should be corrected.
Lovero v. Da Silva, 28 A.3d 43
Md.Spec.App.,2011
A pleading or paper required to be served by rule governing service of pleadings or papers
other than original pleadings that does not contain an admission or waiver of service or a
signed certificate showing the date and manner of making service cannot become a part of any
court proceeding, and the clerk is mandated not to accept for filing such pleading or paper.
Md.Rules 1-321(a), 1-323.
Pa.Cmwlth.App.,2011
A prothonotary, while playing an essential role in the court system, lacks authority to interpret
statutes, evaluate the merits of a litigant's pleading, and decline to accept a timely filed docu-
ment.
Pa.Cmwlth.App.,2011
If documents tendered for filing are proper on their face and in conformity to the rules of
court, a prothonotary does not have discretion to refuse to enter them.
Pa.Cmwlth.App.,2011
Prothonotary lacked authority to refuse to accept pro se complaint filed by inmate; although
inmate's complaint was barred by Prison Litigation Reform Act's (PLRA) three strikes rule,
prothonotary's role was purely ministerial and did not include statutory interpretation. 42
Pa.C.S.A. 6602.
State ex rel. Deblasio v. Jackson, 707 S.E.2d 33
W.Va.,2011
When a party files an affidavit in accordance with and by reason of statute allowing a civil lit-
igant to proceed in forma pauperis, stating that he is pecuniarily unable to pay fees and costs,
or counsel fees, the truth of the affidavit is not then to be questioned and the officer whose
services may be demanded or required shall perform such services as are required by law, as if
such fees for such services had been paid. West's Ann.W.Va.Code, 59-2-1.
State ex rel. Deblasio v. Jackson, 707 S.E.2d 33
W.Va.,2011
In making the initial determination of an applicant's eligibility for waiver of fees, costs or se-
curity pursuant to the Financial Guidelines for Determining Eligibility for Waiver of Fees,
Page 2
Costs, or Security in Civil Cases, the clerk of the court is required to treat the financial dis-
closures in the affidavit, which were made by the applicant under oath and penalty of false
swearing, as true; if the clerk determines that the disclosures in the applicant's financial affi-
davit meet the guidelines for waiver of fees, costs, or security, then the clerk shall immedi-
ately file the civil action, but if the clerk determines that the disclosures in the applicant's fin-
ancial affidavit do not meet the guidelines, or if the clerk determines that the financial affi-
davit provides insufficient information for the clerk to make such a determination, then the
clerk shall deny the application. West's Ann.W.Va.Code, 59-2-1; Rules Civ.Proc., Rule 77(e).
Benson v. District Clerk, 331 S.W.3d 431
Tex.Crim.App.,2011
Under statute governing procedure for habeas applications challenging felony convictions in
non-death penalty cases, clerk of district court had a ministerial duty to receive, file, and
timely forward application for writs of habeas corpus to Court of Criminal Appeals, and thus
applicant was entitled to a writ of mandamus to compel clerk to fulfill duty, even though ap-
plicant's earlier habeas corpus application in the same cause was pending before the Court;
whether applicant had other applications pending was irrelevant to clerk's statutory duty,
which was unequivocal and subject only to the limitations in the rules concerning compliance
with the habeas form. Vernon's Ann.Texas C.C.P. art. 11.07, 3(b).
Mito v. Temple Recycling Center Corp., 113 Cal.Rptr.3d 445
Superior court clerk could not refuse to file facsimile-transmitted personal injury complaint as
a sanction for plaintiffs' failure to provide facsimile cover sheet complying with local court
rule, where complaint met all state requirements. Cal.Rules of Court, Rule 3.220(c).
Zanesville v. Rouse, 929 N.E.2d 1044
Ohio,2010
A document is filed when it is deposited properly for filing with the clerk of courts; the
clerk's duty to certify the act of filing arises only after a document has been filed. R.C.
1901.31, 2303.08, 2303.10, 2303.31; Sup.Ct.Rules, Rules 26.05(B)(2), 44(E).See publication
Words and Phrases for other judicial constructions and definitions.
Zanesville v. Rouse, 929 N.E.2d 1044
Ohio,2010
A party files a document by depositing a document with the clerk of court, and then the
clerk's duty is to certify the act of filing; in short, the time or date stamp does not cause the
filing, the filing causes the certification. R.C. 1901.31, 2303.08, 2303.10, 2303.31;
Sup.Ct.Rules, Rules 26.05(B)(2), 44(E).See publication Words and Phrases for other judicial
constructions and definitions.
Page 3
Holt v. State, 232 P.3d 848
Kan.,2010
District court has jurisdiction over the clerks and the authority to direct them to refrain from
filing various items under appropriate circumstances. K.S.A. 20-3102, 60-2601(a).
Estate of Johnson v. Ciarpelli, 896 N.Y.S.2d 752
County clerk acted within her authority in accepting summons and complaint for filing, and in
assigning an index number to the action, where no statute, rule or order directed her to refuse
to accept the filings. McKinney's CPLR 306-a, 2102(c).
Gilliam v. Gilliam, 43 So.3d 615
Ala.Civ.App.,2010
Divorce judgment was not void, for purposes of wife's motion for relief from judgment, al-
though it was not entered by court clerk until after trial judge vacated office, where trial judge
rendered the judgment by separate written order and authorized the entry of the judgment be-
fore vacating office by filing the judgment with the clerk; because trial judge had authorized
the entry of the judgment before he vacated his office by filing the judgment with the clerk,
the clerk's delay in performing the ministerial duty of entering the judgment did not affect its
validity. Rules Civ.Proc., Rules 58(c), 60(b)(4).
Cave v. Elliott, 988 A.2d 1
Md.Spec.App.,2010
County sheriff's motion for reconsideration in deputy sheriff's termination case contained a
signed certificate showing the date and manner making service, and therefore, county court
clerk did not have authority to refuse to accept the motion for filing, despite sheriff's error in
listing the incorrect county court and docket number in the caption. Md.Rules 1-301(a), 1-323.
G.W. v. Rushing, 22 So.3d 819
Circuit Court clerk had the ministerial duty to transmit to District Court of Appeal a notice of
appeal filed by pro se litigant, even though Circuit Court judge entered order instructing clerk
to remove the notice of appeal from the court file pursuant to an earlier order decreeing litig-
ant to be a vexatious litigant and barring him from filing further pro se pleadings; notice of
appeal was to be regarded as the property of the District Court of Appeal and its clerk, and the
proper procedure was to transmit to the District Court of Appeal both the notice of appeal and
the order directing that the notice be removed from the court file.
Meyer v. Minster Farmers Coop. Exchange Co., Inc., 2009 -Ohio- 4933
Ohio.App.3.Dist.Shelby.Co.,2009
Clerk of court properly assigned new case number to fertilizer buyer's claim against seller for
Page 4
crop loss damages, even if buyer meant for claim to be a renewal of dismissed counterclaim in
seller's ongoing action against buyer for nonpayment, where buyer filed new complaint with
jury demand that contained a praecipe asking that seller be served, and complaint did not
identify itself as a renewal of the counterclaim or contain the original case number of the
seller's action. R.C. 2303.09; Rules Civ.Proc., Rule 10.
Gehring v. Goodman, 884 N.Y.S.2d 646
N.Y.Sup.,2009
County clerk was required to accept for filing copies of affidavits confessing judgment, since
statute governing filing of such affidavits did not specify that only the original of the affidavit
could be accepted for filing and did not proscribe the filing of a copy of the affidavit. McKin-
ney's CPLR 2101(e), 2102(c), 3218(b).
Laidlaw Energy and Environmental, Inc. v. Town of Ellicottville, 875 N.Y.S.2d 668
Papers were properly filed with clerk to initiate Article 78 proceeding, although county clerk's
employee instructed legal assistant to deliver papers to court; legal assistant gave papers to
county clerk's employee, who date-stamped them, and clerk was required to file papers and
maintain record of date of filing. McKinney's CPLR 304 (2001).
In re Simmonds, 271 S.W.3d 874
Tex.App.Waco,2008
The district court clerk has a ministerial duty to accept and file all pleadings presented for fil-
ing.
In re Smith, 270 S.W.3d 783
Tex.App.Waco,2008
Once a notice of appeal is delivered to the clerk for filing, whether it is timely or untimely, the
determination of appellate jurisdiction must be made by the appellate court, and, accordingly,
the clerk of the trial court must file and forward to the appropriate appellate court the notice of
appeal, as well as any other materials tendered that are integral to a determination of the ap-
pellate timetable.
In re Smith, 270 S.W.3d 783
Tex.App.Waco,2008
Clerk of trial court abused its discretion by refusing to file letter of party, who was attempting
to appeal order declaring him to be a vexatious litigant, that was a bona fide attempt to invoke
appellate court jurisdiction, and forward a copy of the letter to the Court of Appeals, despite
the vexatious litigant order, as he was entitled to seek review of the trial court's finding that he
was a vexatious litigant, in order to pursue the appeal he necessarily had to file a notice of ap-
peal in the proceeding in which he was declared a vexatious litigant, and any contention that
Page 5
the notice of appeal did not comply with the requirements of the appellate rules was for the
Court of Appeals to determine. Rules App.Proc., Rule 25.1(a).
Hartford Citizens for Responsible Government v. City of Hartford Bd. of Zoning Appeals,
756 N.W.2d 454
Wis.App.,2008
Policy adopted by clerk of circuit court, that papers submitted to clerk's office, for filing, after
regular hours of operation for clerk's office would not be filed until the following day, com-
plied with statutory guidelines indicating when and where clerk's duties should be performed,
and thus, such policy was within clerk's discretion as a constitutional officer. W.S.A. 59.20(3),
59.40(2).
Dejean v. District Clerk, Dallas County, 259 S.W.3d 183
Tex.Crim.App.,2008
District court clerk was required to forward applications for writs of habeas corpus to Court of
Criminal Appeals, after trial court had waited more than 35 days from filing of applications to
enter order designating issues; since trial court's untimely entry of order designating issues did
not extend the time limitation for responding, clerk was under a ministerial duty to immedi-
ately forward the applications and related records. Vernon's Ann.Texas C.C.P. art. 11.07.
Wagner v. Wagner, 749 N.W.2d 137
Neb.,2008
Trial courts, and the clerks of those courts, should not file stamp any court-issued document
that is not meant to take legal effect.
Musmacher v. McDonough, 969 So.2d 1101
Inmate was entitled to writ of mandamus to compel circuit court clerk to accept petition for
writ of mandamus he had filed challenging prison disciplinary action, which clerk had refused
to accept unless inmate remitted filing fee or application to proceed as an indigent, as clerk
had ministerial duty to accept petition for filing absent payment of filing fees, timely deposit
of filing fee or adjudication of insolvency was not jurisdictional, and inmate's proceeding was,
in fact, an appellate proceeding in the circuit court.
Hood v. State, 651 S.E.2d 88
Ga.,2007
The duties of the clerk relating to the filing of pleadings are ministerial in nature, and it is the
official duty of the clerk of a court to file all papers in a cause presented by the parties, and to
mark them filed, with the date of filing; and thus, for purpose of determining the filing date of
a pleading, a paper is said to be filed, when it is delivered to the proper officer, and by that of-
ficer received, to be kept on file.
Page 6
Hood v. State, 651 S.E.2d 88
Ga.,2007
It is beyond the purview of the clerk to be concerned with the legal viability of a pleading
presented to the clerk for filing.
Sollenberger v. Lee, 925 A.2d 883
Pa.Cmwlth.App.,2007
The prothonotary is not an administrative officer who has discretion to interpret or implement
rules and statutes; if documents tendered for filing are proper on their face and in conformity
to rules of court, a prothonotary does not have discretion to refuse to enter them.
Lezama-Carino v. Miller, 56 Cal.Rptr.3d 671
The clerk of the court can not refuse to file a document simply because there is a pending ap-
plication for fee waiver. Cal.Rules of Court, Rule 3.51(b).
Innovatit Seafood Systems, LLC v. Commissioner For Patents, 240 F.R.D. 23
D.D.C.,2007
Court rule providing that a clerk shall not refuse to accept for filing any paper presented for
that purpose solely because it is not presented in proper form as required by these rules or any
local rules or practices will serve its function best if proper form covers all matters regu-
lated by the rules of procedure; clerks thus must take in whatever is tendered to them, and a
document may be rejected later if a judicial officer finds a problem, but the initial filing en-
sures that the process of vetting papers for compliance with the rules does not prevent satis-
faction of time limits. Fed.Rules Civ.Proc.Rule 5(e), 28 U.S.C.A.See publication Words and
Phrases for other judicial constructions and definitions.
In re Credit Acceptance Corp., 733 N.W.2d 65
Mich.App.,2007
The court rule governing the filing of papers does not give court clerks broad discretion to re-
ject pleadings; rather, it authorizes clerks to reject pleadings that fail to conform only to the
caption requirements. MCR 2.113(C)(1), 5.113(A)(1), 8.119(C).
Lincoln State Bank v. Carrillo, 725 N.W.2d 634
Wis.App.,2006
Statutory provision stating that clerk of court shall discharge mortgage foreclosure judgment
on payment to clerk or on filing receipt of plaintiff or plaintiff's assigns for such payment in
clerk's office does not state a prerequisite for redemption, but rather establishes procedure for
purging judgment and mortgage. W.S.A. 846.13.
Page 7
Seger v. For Women, Inc., 854 N.E.2d 188
Ohio,2006
Although patient's counsel's request that the court clerk delay service in medical malpractice
action so that he had more time to identify the responsible doctor, the clerk was not required
to comply with counsel's request and should not have done so, and thus, the clerk's failure to
issue a summons for service upon hospital and doctors in medical malpractice action immedi-
ately after receiving the filing of patient's complaint did not warrant dismissal of action; the
hospital and doctors were not prejudiced by the delay since the action was timely commenced
and the hospital and doctors received notice as prescribed by the rules. Rules Civ.Proc., Rule
4(A).
Brown v. Habrle, 908 A.2d 640
Me.,2006
Rule which mandates that the clerk mail the parties notice of the filing of the referee's report
does not provide that notice to the parties can be given by a referee, rather than the clerk; rule
requires the referee to file his report with the clerk, but thereafter, it is the clerk who is re-
sponsible for entering the filing date on the docket, and serving the parties with notice of the
filing date. Rules Civ.Proc., Rule 53(e)(1).
Brown v. Habrle, 908 A.2d 640
Me.,2006
Purpose of rule which mandates that the clerk mail the parties notice of the filing of the refer-
ee's report is to provide the parties with notice of the exact date the referee's report was filed
in order to allow them to calculate precisely when their relatively brief ten-day period for fil-
ing written objections to the report begins to run. Rules Civ.Proc., Rule 53(e)(1, 2).
State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 843 N.E.2d 778
Ohio,2006
Clerk of Mayor's Court lacked authority to refuse to accept for filing a criminal defendant's
jury demand; clerk had statutory authority to refuse to accept for filing only documents sub-
mitted in civil cases by vexatious litigators who had failed to obtain leave to proceed. R.C.
1905.01, 1905.02, 1907.20.
Ohio,2006
A county clerk of court, as a ministerial officer of the court, has a duty by law to accept and
file documents tendered to him or her.
Ohio,2006
Page 8
It is the duty of the Clerk of the Supreme Court, in the absence of instructions from the Court
to the contrary, to accept for filing any paper presented to the Clerk, provided such paper is
not scurrilous or obscene, is properly prepared, and is accompanied by the requisite filing fee.
Ohio,2006
The power to make any decision as to the propriety of any paper submitted or as to the right of
a person to file such paper is vested in the court, not the clerk of court.
Eichelberger v. Cunningham, 108 Fed.Appx. 891
C.A.5.Miss.,2004
State court clerk did not violate litigants' procedural due process rights by permitting lawsuit
to continue against them based on amended complaint that had been improperly filed, absent
showing that clerk was personally involved in any deprivation of due process or caused any
such deprivation. U.S.C.A. Const.Amend. 14.
Smith v. Planned Parenthood of St.Louis Region, 327 F.Supp.2d 1016
E.D.Mo.E.Div.,2004
Generally, remittance of a filing fee, although derived from a federal statute and sometimes
from local rules, is not jurisdictional and the clerk should accept a complaint despite the
plaintiff's failure to submit a filing fee or to request in forma pauperis (IFP) status. Fed.Rules
Civ.Proc.Rule 5(e), 28 U.S.C.A.
Gay v. Pines, 835 A.2d 402
Pa.Cmwlth.App.,2003
Philadelphia prothonotary owed no duty to inmate to docket complaint sent by inmate to clerk
of quarter sessions that did not reach prothonotary, despite general rule that prothonotary was
not to refuse pleading in compliance with civil rules for filing, so prothonotary had breached
no duty to inmate by failing to receive that complaint for filing. Rules Civ.Proc., Rule 205.2,
42 Pa.C.S.A.
State ex rel. Nixon v. Weber, 108 S.W.3d 110
Mo.App.E.Dist.,2003
An appellant is not required to file the notice of appeal in the Court of Appeals-it is the trial
court clerk's duty to transmit the notice filed in the trial court to the Court of Appeals.
V.A.M.S. 512.070; V.A.M.R. 81.08.
Neilson v. Lobb Const., Inc., 2003 WL 1908683
Court clerk did not have ministerial duty to enter voluntary dismissals of action by husband
Page 9
and wife against third parties, and thus, cause of action was still pending when husband's ex-
wife filed notice of lien on ex-husband's cause of action based on unpaid money judgment re-
lated to child support such that court lacked jurisdiction to subsequently enter dismissals nunc
pro tunc; inclusion by husband and wife in request for dismissals of provision requiring each
party to bear its own costs and fees was contrary to usual rule allowing defendant to recover
costs after case is voluntarily dismissed, clerk had no knowledge of settlement agreement's
terms such that he could not have determined whether provision was consistent with agree-
ment, and clerk lacked authority to make legal judgment as to whether provision was legally
enforceable. West's Ann.Cal.C.C.P. 581(i), 708.410(a,b), 1032(a)(4), 1032(b).
Barganier v. Saddlebrook Apartments, 104 S.W.3d 171
Tex.App.Waco,2003
Being an officer of the court, the trial court clerk is subject to the court's directions and con-
trol in exercising ministerial duties such as filing documents; the clerk receives documents for
filing on behalf of the court. Vernon's Ann.Texas Rules Civ.Proc., Rules 74, 75a.
In re Sleepmaster Finance Corp., 284 B.R. 411
Bankr.D.Del.,2002
A docket designation of Entered in Error is proper only where the pleading was erroneously
entered on the docket in the wrong case because, for example, the case number was erroneous
or it was docketed in the main case when it should have been docketed in the adversary, or
where the document actually filed is not what the docket reflects, in which case a corrective
entry should be noted on the docket.
Howard v. Bouwman, 650 N.W.2d 114
Mich.App.,2002
Trial court was not entitled to refuse to reinstate automobile accident victims' complaint, that
clerk received before expiration of the limitation period, because the court erroneously con-
cluded that court clerk had the authority to reject a complaint that was missing the case-type
code; although victim was required to assign a case-type code and include the code in the cap-
tion of the complaint, court clerk had a ministerial duty to file even those complaints that
lacked such a case-type code, because at time of filing no court rule or statute gave the county
clerk the discretion to reject pleadings that failed to conform to the caption requirements.
MCR 2.113(C)(1), 8.105(B).
Ratliff v. State, 813 So.2d 773
Miss.App.,2002
Defendant who pled guilty to offense of sale of a controlled substance was not denied due pro-
cess of law by circuit clerk's error in filing his motion for post-conviction relief; even though
circuit clerk misplaced defendant's pleadings and they were not found for approximately two
years, defendant mistakenly filed his petition with incorrect court initially, and did not prop-
erly file his pleadings with proper court until two months after the three-year statute of limita-
Page 10
tions had expired, and thus, clerk's misfiling of defendant's petition was not prejudicial. West's
A.M.C. 15-1-3.
Ford v. Pedersen, 2002 WL 127371
Prisoner was not denied constitutional rights to access to the courts by court clerk's refusal to
file prisoner's handwritten complaint against prison and acting warden for personal injury,
where complaint was eventually accepted for filing nunc pro tunc, and action survived
warden's departure.
Cole v. Blum, 637 N.W.2d 606
Neb.,2002
It is incumbent upon the clerk of the court, in cases in which an application to proceed in
forma pauperis is filed, to indicate upon the face of the underlying petition when the petition
is received by the court.
Ennis v. Kmart Corp., 33 P.3d 32
N.M.App.,2001
The clerk does not possess the power to reject a pleading for lack of conformity with form re-
quirements, and a pleading is considered filed when placed in the possession of the clerk of
the court.
Pape v. Guadalupe-Blanco River Authority, 48 S.W.3d 908
Tex.App.Austin,2001
Fact that order appointing special commissioners to eminent domain proceeding and order as-
signing cause to county court lacked file stamps did not render river authority's condemnation
proceeding against landowner void, where landowner did not assert that any error or harm
arose from such omissions.
Blundon v. Taylor, 770 A.2d 658
Md.,2001
The clerk of the court has no discretion or initiative whether to file a case and no right to
make a judicial determination whether or not to make such an entry.
Blundon v. Taylor, 770 A.2d 658
Md.,2001
The clerk of courts is required to file all papers delivered to him to be filed, but he is not con-
cerned with the merit of the papers or with their effect and interpretation.
Schultz v. Schwartz, 11 P.3d 530
Page 11
Kan.App.,2000
A clerk of a district court has the duty to file and stamp with the date and time, all documents
received on the day of receipt. K.S.A. 60-2601(d).
Slater v. Spence, 540 S.E.2d 638
Ga.App.,2000
Clerk of court was authorized to collect five dollar fee for alternative dispute resolution pro-
gram in addition to statutory filing fee, and thus clerk was justified in refusing to file personal
injury complaint brought by injured motorists until all proper fees were paid. O.C.G.A.
15-6-77(e)(5).
Slater v. Spence, 540 S.E.2d 638
Ga.App.,2000
It is the responsibility of the plaintiff and his counsel to see that the appropriate fees are paid
in a timely manner, and the clerk may justifiably refuse to file a complaint until the proper
fees have been paid.
Rhoades v. Harris, 735 N.E.2d 6
Ohio.App.1.Dist.Hamilton.Co.,1999
Clerk, as a ministerial officer of the court, has a duty by law to accept and file documents
tendered to him or her.
Rhoades v. Harris, 735 N.E.2d 6
Ohio.App.1.Dist.Hamilton.Co.,1999
Clerk received personal injury complaint before expiration of applicable statute of limitations
and exercised control over filing by refusing to accept it because 23 cents postage was due
and, thus, complaint would be deemed to be timely filed; clerk had a duty to accept filing
when it was tendered and refusal to do so prevented complaint, which was accompanied by a
large deposit that was more than adequate to cover outstanding postage, from being filed
within the applicable statute of limitations. R.C. 2305.10(A) (1999).
Upon the filing of the complaint and payment of fees, the superior court clerk's issuance of
summons is a routine ministerial duty. West's Ann.Cal.C.C.P. 412.10.
Carlson v. State of California Department of Fish & Game, 80 Cal.Rptr.2d 601
Local Superior Court may not condition the filing of a complaint on local rule requirements;
instead, so long as a complaint complies with state requirements, the clerk has a ministerial
Page 12
duty to file. West's Ann.Cal.C.C.P. 575.2; West's Ann.Cal.Gov.Code 68070(a); Cal.Rules
of Court, Rule 201(i) (1997).
Clerk of court for local Superior Court did not have authority to reject filing of complaint that
complied with state requirements, though complaint did not include Certificate of Assignment
required by local rule. West's Ann.Cal.C.C.P. 575.2; West's Ann.Cal.Gov.Code 68070(a);
Cal.Rules of Court, Rule 201(i).
Clerk of court for local Superior Court had no implied power to reject filing of complaint that
complied with state requirements, though complaint did not include Certificate of Assignment
required by local rule. West's Ann.Cal.C.C.P. 575.2; Cal.Rules of Court, Rule 201(i) (1997).
People v. Funches, 78 Cal.Rptr.2d 882
Act of filing a timely notice of appeal is a ministerial duty of the superior court clerk.
Cal.Rules of Court, Rule 31(a).
People v. Funches, 78 Cal.Rptr.2d 882
Clerk of superior court had duty not to file notice of appeal that was received more than 12
years after time for taking appeal had expired; strict duty imposed by law on clerk was to
mark notice as received on date but not filed. Cal.Rules of Court, Rule 31(a).
Gorod v. Tabachnick, 696 N.E.2d 547
Mass.,1998
Clerks and registers, whether elected or appointed, are ministerial officers of court when it
comes to receiving and filing papers, and in the absence of an order from a judge, they may
not refuse to accept a notice of appeal, even if they believe that no appeal is available or that
notice is untimely or otherwise defective.
W.Va.,1998
The circuit clerk is required to file a complaint when the statutory filing fee has been
tendered. Code, 59-1-11(a).
Page 13
W.Va.,1998
When a complaint lists multiple plaintiffs, complies with the West Virginia Rules of Civil
Procedure, and is accompanied by the $75 statutory filing fee, the circuit clerk must file the
complaint upon receipt; once such a complaint has been filed, the circuit judge to whom the
case has been assigned must determine whether the requirements, if any, that have been ad-
ministratively established by the chief judge of that circuit are met such that additional filing
fees should be assessed. Code, 59-1-11(a); Rules Civ.Proc., Rule 20(a).
Com. v. Richards, 691 N.E.2d 991
Mass.App.,1998
Clerk of court should not refuse to file notice of appeal in absence of court order so directing.
Com. v. Richards, 691 N.E.2d 991
Mass.App.,1998
Clerk of court should accept for filing defendant's notice of appeal from order on motion for
revision or revocation of sentence unless there is motion for postconviction relief on file.
Rules Crim.Proc., Rules 29, 30, 43C M.G.L.A.
Tanner v. State, 744 So.2d 1017
Clerks of circuit courts in fourth district may not refuse to accept papers for filing merely be-
cause they contain scrivener's errors in captions. West's F.S.A. 28.211, 28.31.
Lewandowski v. Office of Court Admin., 660 N.Y.S.2d 959
N.Y.Sup.,1997
Where transcript is requested by judge and thereafter placed in court file, transcript becomes
paper or record accessible to parties, and upon request, it is duty of clerk of court to prepare
appropriate transcript or certificate upon payment of appropriate fee. McKinney's Judiciary
Law 255, 299.
Busch v. Atkinson, 925 P.2d 874
Mont.,1996
Under procedural rule, upon filing of complaint, clerk of court's duty, without a request from
anyone, is to issue the summons and to deliver it for service; no discretion is allowed. Rules
Civ.Proc., Rule 4, subd. C(1).
Busch v. Atkinson, 925 P.2d 874
Mont.,1996
Procedural rule dealing with service of process would be amended to remove from the clerk of
court the responsibility for insuring issuance of the summons and delivering the same to the
Page 14
process server by placing that responsibility squarely on the back of the party who will suffer
the sanction if the summons is not timely issued and served, i.e., on the party filing the com-
plaint. Rules Civ.Proc., Rule 4, subd. C(1).
Price v. Obayashi Hawaii Corp., 914 P.2d 1364
Haw.,1996
As long as documents in question are tendered within time period prescribed by Supreme
Court rules, clerks of court must file them; enforcement of rules promulgated by Supreme
Court is role more properly suited to judicial officers, and Supreme Court wishes to avoid in-
justices associated with documents submitted by attorneys and pro se parties that, for
whatever reasons, are never filed.
Stokes v. Aberdeen Ins. Co., 917 S.W.2d 267
Tex.,1996
Clerk is officer of court subject to court's direction and control in exercising ministerial duties
such as filing documents. Vernon's Ann.Texas Rules Civ.Proc., Rule 5; Rules App.Proc., Rule
4(b).
Bushert v. Hughes, 912 P.2d 334
Okla.,1996
Orders memorializing matters taken under advisement shall be filed in county clerk's office
immediately after trial judge's signature is fixed, and court clerk shall promptly (1) mail
copy of file-stamped original order to parties of record, and (2) prepare and place on file re-
quired certificate of mailing. 12 Okl.St.Ann. 696.2, subds. A, B.
Nev.,1995
When document of proper form is submitted to clerk of district court, clerk has ministerial
duty to file that document; clerk has no discretion to make any judicial ruling regarding legal
sufficiency of document.
Nev.,1995
Clerk of district court was required to file application for leave to proceed in forma pauperis
that was in proper form and was sworn to under penalty of perjury, even though document
was entitled application rather than affidavit, as set forth in statute. N.R.S. 12.015, subd.
1.
Nev.,1995
Page 15
Clerk of district court had duty to maintain copy of civil complaint received at courthouse in
conjunction with application for leave to proceed in forma pauperis, whether or not complaint
was ever filed.
Nev.,1995
Clerk of district court has responsibility to keep accurate record of all documents submitted to
her, whether or not they are filed.
McClellon v. Lone Star Gas Co., 66 F.3d 98
C.A.5.Tex.,1995
Clerk of court had duty to accept pro se discrimination complaint as filed, even though it was
devoid of essential elements of complaint. Fed.Rules Civ.Proc.Rules 5(e), 8, 28 U.S.C.A.
McClellon v. Lone Star Gas Co., 66 F.3d 98
C.A.5.Tex.,1995
In absence of specific instructions from judicial officer, clerk of court lacks authority to refuse
or to strike pleading presented for filing. Fed.Rules Civ.Proc.Rule 5(e), 28 U.S.C.A.
Petuskey v. Freeman, 890 P.2d 948
Okla.,1995
Duty of clerk to furnish necessary personnel to judges of a district includes duty, upon request
of judge, to furnish deputy court clerks that are equipped with tools and supplies that are re-
quired to carry out orderly and efficient operation of court; this duty includes duty to assist
judges in filling out court documents and forms when necessary to efficient administration of
justice.
Helms v. Boyle, 637 A.2d 630
Pa.Super.,1994
Prothonotary was without power to enter default judgment upon defendant's failure to comply
with discovery order and such default judgment was therefore nullity, notwithstanding fact
that Superior Court's order authorized entry of default judgment upon filing of plaintiff's prae-
cipe if defendant failed to comply with discovery order for production of documents. Rules
Civ.Proc., Rules 227.4, 4009, 4019, 42 Pa.C.S.A.
Callahan v. Com., 625 N.E.2d 547
Mass.,1994
In absence of order from judge, superior court clerk should not have refused to docket defend-
ant's notice of appeal from denial of his motion to revise or revoke his amended sentence;
clerk acts as ministerial officer of courts who is subject to direction of courts in performance
Page 16
of his duties, one of which is acceptance and filing of papers pertaining to litigation.
Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So.2d 1298
Clerk of circuit court has ministerial duty to receive and file notices of appeal, and any con-
trary directive from chief judge issued without due process is invalid exercise of power.
U.S.C.A. Const.Amends. 5, 14.
West Virginia Dept. of Health and Human Resources v. Hess, 432 S.E.2d 27
W.Va.,1993
Where state is required to pay filing fee, circuit clerk is required to certify to auditor amount
of filing fee due. Code, 59-1-15.
White v. Katz, 619 A.2d 683
N.J.Super.App.,1993
Court clerk's filing of papers is ministerial rather than discretionary act; clerk is required to
file all papers presented to him if accompanied by appropriate materials. R. 1:5-6(c).
White v. Katz, 619 A.2d 683
N.J.Super.App.,1993
Court clerk's act of returning dental malpractice complaint which he deemed to be noncon-
forming and unacceptable because complaint had not been prepared or signed by forum attor-
ney was erroneous; clerk should have filed original complaint forwarded by plaintiffs'
Pennsylvania-based attorney and after noticing that attorney was not licensed to practice in
forum, clerk should have informed him of problem and allowed it to be corrected without af-
fecting already established filing date of plaintiffs' claims and if upon notification of this
problem, it was not corrected, then plaintiffs could, and should, properly have been subjected
to risks that attach to it, but filing date would remain unaffected. R. 1:5-6(c).
LeVada Hughes and Occupants v. Habitat Apartments, 880 S.W.2d 5
Tex.App.Dallas,1992
Clerk has no duty to advise defendant in forcible detainer action of necessity of filing written
answer until appeal from justice court has been perfected and transcript received in county
court. Vernon's Ann.Texas Rules Civ.Proc., Rule 751.
Donoho v. Eighth Judicial Dist. Court In and For County of Clark, 842 P.2d 731
Nev.,1992
If district court clerk received petitioner's proper person motions and documents, clerk had ab-
solute duty to file motion for leave to proceed in forma pauperis and to clearly stamp the date
of receipt of other documents on them.
Page 17
Northwest Farm Credit Services v. Lund, 841 P.2d 490
Mont.,1992
Clerk of Court had no duty to inform farmer, who attempted to file answer to foreclosure suit
without filing fee, of necessity of filing affidavit before proceeding in forma pauperis. MCA
25-10-404.
Director of Finance of Baltimore City v. Harris, 602 A.2d 191
Md.Spec.App.,1992
Except as otherwise provided by law, clerk of court has no discretion and no right to make ju-
dicial determination of whether paper complies with civil rules or ought to be filed.
Md.Spec.App.,1992
So long as paper is properly presented, clerk of court must accept and file it, even if it is sub-
ject to being stricken by court on grounds that it was not timely presented or it suffered from
some other deficiency, except that clerk may not accept paper that lacks admission or waiver
of service or certificate showing date and manner of service. Md.Rule 1-323.
Md.Spec.App.,1992
If certificate showing date and manner of service is attached to paper, clerk must file paper,
leaving it then to parties or court to deal with any deficiency. Md.Rule 1-323.
Md.Spec.App.,1992
Clerk of court improperly refused to accept and file motion to vacate order of default, where
paper contained certificate of service showing date and manner of delivering paper, even if
movant had failed to comply with rule regarding service on opposite party. Md.Rules 1-321,
1-323.
Md.Spec.App.,1992
Clerk of court's error in refusing to accept and file motion constituted failure of clerk to per-
form duty required by statute or rule, thereby invoking court's revisory power. Code, Courts
and Judicial Proceedings, 6-408.
Kollin v. Ader, 591 So.2d 320
Court clerk is required to accept all motions tendered for filing in circuit court criminal cases,
Page 18
with or without accompanying notices of hearing.
Bing Const. Co. of Nevada v. Nevada Dept. of Taxation, 817 P.2d 710
Nev.,1991
Statute providing that no civil case may be filed in district court unless initial pleading is ac-
companied by form (civil coversheet) signed by initiating party or his representative is not jur-
isdictional in nature; thus, when district court clerk receives initial pleading in any civil action
and there is no coversheet the appropriate procedure is to stamp pleading with date on which it
is received, retain pleading, and inform party submitting pleading that it cannot be filed
without civil coversheet, and date of receipt by clerk must be considered date of filing for
all purposes. N.R.S. 3.275, subd. 1, 233B.130, subd. 2(c).See publication Words and Phrases
for other judicial constructions and definitions.
Craine v. Eighth Judicial Dist. Court In and For County of Clark, 816 P.2d 451
Nev.,1991
If party submitting notice of appeal in proper person is represented by counsel, clerk must
transmit file-stamped copies of notice of appeal and associated documents to party's counsel
of record, so that counsel may take any action that he deems appropriate regarding appeal.
Craine v. Eighth Judicial Dist. Court In and For County of Clark, 816 P.2d 451
Nev.,1991
Clerk of district court had absolute duty to file notice of appeal mailed by defendant who had
petitioned for postconviction relief in proper person on date that notice of appeal was re-
ceived, and acted improperly by refusing to file document and returning unfiled notice of ap-
peal to defendant pursuant to rule providing for forwarding to counsel of paper delivered to
clerk by defendant who has counsel of record, and mandamus would issue directing clerk of
district court to transmit to clerk of Supreme Court record of postconviction proceeding along
with copy of correspondence to defendant, since clerk apparently no longer had copy of notice
of appeal submitted for filing.
Glauner v. State, 813 P.2d 1001
Nev.,1991
Clerk of court has ministerial duty to file legal documents submitted so long as those docu-
ments appear to be in proper form; clerk has no discretion to check substance of documents
and decide which ones will be filed.
Collins v. Taylor, 579 So.2d 332
Clerk of circuit court had ministerial duty to accept inmates' name-change petitions for filing,
despite his belief that judicial name change for religious reasons would be unconstitutional
and that, in his position as county auditor, he had to make judgment call as to whether
Page 19
waiver of filing fees would be lawful cost to county; clerk was without authority to judicially
determine legal significance of document tendered for filing and merely had ministerial duty
to accept and file petitions.
Huebner v. State, 810 P.2d 1209
Nev.,1991
It is duty of clerk of district court to keep accurate record of date of receipt of every document
submitted to the clerk, regardless of whether the document is in appropriate form, regardless
of whether it is actually filed, and regardless of whether it is from attorney or individual at-
tempting to proceed in proper person.
Mattson v. Kolhage, 569 So.2d 1358
Judges' memorandum prohibiting clerk of circuit court from accepting for filing any circuit
court civil motion not accompanied by notice of hearing setting motion for hearing with ap-
propriate judge was impermissible limitation on obligation of clerk to file motions in pending
cases; clerk was obligated to accept motions presented for filing in pending cases, notwith-
standing judges' stated objective of expediting flow of judicial business.
National Westminster Bank, USA v. State, 562 N.E.2d 866
N.Y.,1990
Filing of notice of pendency is part of judicial process, and county clerk acts as state officer in
that respect, although filing may occur before any suit has commenced.
National Westminster Bank, USA v. State, 562 N.E.2d 866
N.Y.,1990
County clerk acts as officer of court when expunging judgment which was previously filed.
Aetna Cas. & Sur. Co. v. Whitestone General Hosp., 536 N.Y.S.2d 373
N.Y.Sup.,1988
Entry of judgment is merely pro forma function, which clerk as ministerial officer has no au-
thority to prevent by not filing judgment. McKinney's CPLR 5016(c).
Dwyer v. Clerk of Dist. Court for Scott County, 404 N.W.2d 167
Iowa,1987
Clerk of district court is under duty to file and note all documents presented to clerk for filing
and it is not clerk's duty or function to rule on validity or legal effect of any document so re-
ceived. I.C.A. 602.8102, subd. 98.
Bowman v. Eighth Judicial Dist. Court, In and For Clark County, 728 P.2d 433
Page 20
Nev.,1986
Clerk of court has ministerial duty to accept and file documents, she has no authority to pass
upon validity of instruments presented for filing.
Nev.,1986
Power to make decision concerning propriety of any paper submitted, or right of person to file
paper, is vested in court, not clerk.
Nev.,1986
It is duty of clerk of court to accept for filing any paper presented to her which is in accept-
able form under court rules and is accompanied by requisite fee unless she has specific in-
structions from court to contrary.
Simpson v. Simpson, 697 P.2d 570
Or.App.,1985
Affidavits of court operations supervisors to effect that trial court clerk would not have indic-
ated on register actual date of entry of document into register but would only have indicated
date document was filed with clerk were insufficient to overcome statutory presumption that
trial court clerk regularly performed official duty of entering order on date it was filed.
Miller v. Johnson, 541 F.Supp. 1165
D.D.C.,1982
District court clerk properly refused to file documents in a case that had been dismissed by or-
ders of the district court.
Orr v. Culpepper, 288 S.E.2d 898
Ga.App.,1982
Upon filing of plaintiff's complaint, clerk correctly determined amount of fees to include $55
for prepayment of court costs, one dollar for superior court clerks' retirement fund, $15 fee for
service of process by sheriff and additional eight dollars because complaint named two de-
fendants. Code, 24-2727B, 24-2727B(d), 24-2739.1, 24-2823.
Ga.App.,1982
Sheriff's fees for service of process are to be collected by clerk at time of filing of complaint.
Code, 24-2727B.
Page 21
Ga.App.,1982
Statutes making payment of fees a prerequisite to filing complaint are directory, and failure to
pay these fees will not render complaint invalid. Code, 81A-103, 81A-105(e).
Ga.App.,1982
Clerk of court may justifiably refuse to file complaint until proper fees have been paid. Code,
24-2727B, 81A-105(e).
Ga.App.,1982
There is presumption that entry of filing by clerk of court is correct, but this presumption is
rebuttable.
Ga.App.,1982
Although clerk of court had discretion in filing a complaint not accompanied by payment of
proper fees, clerk did not abuse that discretion by unreasonable delay in rejecting plaintiff's
complaint for that reason, and having failed to accompany complaint by payment of proper
fees before limitation period had run, plaintiff's cause of action for personal injuries was
barred by two-year statute of limitations. Code, 3-1004, 24-2727B, 81A-103, 81A-105(e).
Ga.App.,1982
Since duties of clerk relating to filing of complaints are ministerial in nature, it is beyond her
duty or power to concern herself with statute of limitations governing complaint presented to
her for filing; rather, it is responsibility of plaintiff and his counsel to see that appropriate fees
are paid in timely manner.
State v. Grange, 635 P.2d 843
Ariz.,1981
Office specifically charged with responsibility for receiving party's pleadings and noting time
of filing is clerk of court, and it is only there that party can be certain that his pleading is
properly and timely filed.
Ferlita v. State, 380 So.2d 1118
A clerk of court acts in purely ministerial capacity, and has no discretion to pass upon suffi-
ciency of documents presented for filing.
Page 22
Thompson v. Cortese, 398 A.2d 1079
Pa.Cmwlth.App.,1979
Prothonotary of the court of common pleas is not administrative officer and does not have dis-
cretion to interpret or implement rules and statutes; thus if documents tendered for filing are
proper on their face and in conformity to rules of court, a prothonotary does not have discre-
tion to refuse to enter them and mandamus is appropriate remedy to compel him to perform
his ministerial duty.
Lenderman v. May, 507 S.W.2d 798
Tex.Civ.App.Houston.1.Dist.,1974
Although same person was district court clerk while she was located in her county clerk's of-
fice, she had no authority to accept county court's file as district clerk until authorized to do so
by written order from county judge as provided by rule. Rules of Civil Procedure, rule 336.
Humphrey v. Mauzy, 181 S.E.2d 329
W.Va.,1971
Clerk of circuit court had no right to demand payment, and trial court had no right to require
payment, of $10 clerk's fee for instituting petitioner's divorce actions before entering divorce
orders in civil order book, where petitioners proceeded in forma pauperis by duly filing proper
affidavits of indigency, unless authorized by statute to do so. Code, 48-2-11, 59-1-11, 59-2-1.
State ex rel. Kaufman v. Sutton, 231 So.2d 874
Acceptance of filing of a complaint is a mere ministerial act, and officer charged with re-
sponsibility of receiving same is required to accept what is tendered to him if it is accompan-
ied by proper fee.
State ex rel. Kaufman v. Sutton, 231 So.2d 874
It is not incumbent upon one who has ministerial function of accepting the filing of a com-
plaint to judicially determine legal significance of tendered document.
Schmidt v. Abbott, 156 N.W.2d 649
Iowa,1968
Rule providing that all cases wherein petition has been filed more than one year prior to July
15 of any year shall be for trial at next term commencing after August 15 of that year and
clerk shall prior to August 15 give notice to counsel of record that case shall be set for trial
and subject to dismissal if not tried in next succeeding term imposes a mandatory duty upon
clerk to give notice by mail or delivery as provided by rule prior to August 15. 58 I.C.A.Rules
of Civil Procedure, rule 215.1.
Page 23
Burnham v. Clerk of First Dist. Court of Essex, 226 N.E.2d 190
Mass.,1967
Where clerk of district court refused to file motion for new trial and if filed motion would
have prevented case from going to judgment, clerk could not justify action on ground that case
had gone to judgment nor could decision of judge denying petition for writ of mandamus to
compel clerk to enter previously tendered papers be justified on that ground.
Malinou v. McElroy, 207 A.2d 44
R.I.,1965
Duty of clerk of Probate Court to file petition for administration de bonis non was purely min-
isterial.
R.I.,1965
By refusing to file petition for administration de bonis non because clerk of Probate Court de-
cided that petitioner was not the public administrator, clerk usurped judicial office and de-
prived petitioner of judicial determination of claim of title.
R.I.,1965
Generally, unless otherwise specifically authorized by statute, duty of clerk of court to file pa-
pers presented to him is purely ministerial, and he may not refuse to perform it except upon
order of court.
Tippetts-Abbett-McCarthy-Stratton v. State, 212 N.Y.S.2d 247
N.Y.Ct.Cl.,1960
Court of Claims could turn to clerk for assistance to fill omission in record.
Burns v. State of Ohio, 79 S.Ct. 1164
U.S.Ohio,1959
It is the duty of the clerk of the Ohio Supreme Court, in the absence of instruction from the
court to the contrary, to accept for filing any paper presented to him, provided such paper is
not scurrilous or obscene, is properly prepared and is accompanied by the requisite filing fee.
Supreme Court Rules of Ohio, rule 7, 1, 4; rule 17; R.C. Ohio, 2503.17.
Lone Star Steel Co. v. Owens, 302 S.W.2d 213
Tex.Civ.App.Texarkana,1957
The matter of sufficiency of appeal bond and its approval is committed to prudence of clerk,
subject to supervision under certain circumstances by Court of Civil Appeals, and it is clerk's
Page 24
duty to estimate and fix probable amount of cost, approve or refuse approval and file the bond,
and in absence of certificate of disapproval, the filing will imply that preceding action has
been taken. Rules of Civil Procedure, rules 1, 354, 404.
State ex rel. Wanamaker v. Miller, 128 N.E.2d 110
Ohio,1955
It is the duty of clerk of Supreme Court, in the absence of instructions from the Court to the
contrary, to accept for filing any paper presented to him, provided such paper is not scurrilous
or obscene, is properly prepared and is accompanied by the requisite filing fee and the power
to make any decision as to the propriety of any paper submitted or as to the right of a person
to file such paper is vested in Supreme Court, not in clerk.
State ex rel. Wanamaker v. Miller, 128 N.E.2d 108
Ohio,1955
Clerk of Supreme Court is a ministerial officer of the Supreme Court and the Supreme Court
has the power to order him either to file or to refuse to file any matter presented to him and in
the event of his refusal to file a paper properly presented to him, Supreme Court may either
remove him or order paper filed by court action, but court inferior to Supreme Court has no
such authority.
Haven v. Ward's Estate, 114 A.2d 413
Vt.,1955
Clerk to whom losing party mailed blank bill of exceptions had no duty to give notice that bill
had not been signed and filed, and had no duty to find the absent trial judge and lay bill before
him.
Ginsburg v. Stern, 125 F.Supp. 596
W.D.Pa.,1954
Supreme Court prothonotary had no discretion with respect to alleged order of chief justice,
relating to filing or docketing of a proceeding and was obliged to obey the order and mandate
of the court.
Touchton v. Echols County, 84 S.E.2d 81
Ga.,1954
Statute pertaining to duties of clerks of the superior court, and providing for a correct tran-
script, properly certified, of any minute, record, or file in office of clerk, does not contemplate
that an incomplete record, or one that does not represent the whole truth, shall be certified by
the clerk as being the record on file in his office. Code, 24-2715, subd. 14.
Corey v. Carback, 94 A.2d 629
Page 25
Md.,1953
Clerk of court, being required by statute to file all papers delivered to him to be filed, is not
concerned with the merit of such papers or their effect and interpretation. Code 1951, art. 17,
1.
Leigh v. Com., 66 S.E.2d 586
Va.,1951
The date of filing noted by clerk of court on papers filed in his office is ordinarily conclusive.
Board of Com'rs of Roxboro v. Bumpass, 63 S.E.2d 144
N.C.,1951
Clerk is not required to search his files to ascertain whether there is some pleading of record
which might supplement a defective affidavit for service by publication. G.S. 1-98,
105-391.
Neal v. Haight, 206 P.2d 1197
Or.,1949
The presumption is that the county clerk, in accordance with official duty and the instructions
of the trial judge, caused the form or order bearing certain date and unsigned and filed in the
court to be entered in the journal of the court. ORS 8.120, 41.360, 205.110.
Neal v. Haight, 206 P.2d 1197
Or.,1949
Under the statute an order made by trial judge, as distinguished from an order of the court,
does not become effective until it has been filed by the clerk, and, where the trial judge's order
granting motion for new trial was filed by the clerk, the presumption is that it was also entered
in the journal. ORS 3.070, 135.480.
Henderson v. Moore, 189 S.W.2d 59
Tex.Civ.App.Waco,1945
The act of clerk of county court in filing appeal bond in probate matters on appeal to district
court constitutes performances of a purely ministerial duty. Vernon's Ann.Civ.St. arts. 3698,
3699; Rules of Civil Procedure, rule 332.
Jones v. Bland, 27 S.E.2d 102
Ga.App.,1943
Clerk of court has duty to sign all processes on all suits filed, even if not signed by petitioner,
and such duty is ministerial solely, and it is beyond duties and powers of clerk to pass on legal
sufficiency of pleadings. Code, 24-2714(3), 81-201, 81-202.
Page 26
In re Tiernan's Estate, 4 N.W.2d 869
Iowa,1942
The clerk of court's practice of sending to an attorney residing in another county who has
entered an appearance or filed pleadings in a case a copy of the bar docket and a list of the
cases assigned for trial is not required by statute.
Morthland v. Lincoln Nat. Life Ins. Co., 42 N.E.2d 41
Ind.,1942
A paper is filed with clerk of court when it is delivered to him for that purpose.See publica-
tion Words and Phrases for other judicial constructions and definitions.
Cannon v. Nikles, 151 S.W.2d 472
Mo.App.,1941
The judge of a court of record has right to write his court record and to accept and enter filing
of motions, and clerks are arms of the court and, in the acceptance and filing of motions and
pleadings, do not act independently of the court, but act under supervision of the judge and for
the court. Rev.St.1939, 2003, 2004, Mo.St.Ann. 1839, 1940, p. 2563, V.A.M.S.
476.270, 483.130.
Burd v. Bennett Transp. Co., 21 Erie C.L.J. 59
Pa.Com.Pl.,1939
A prothonotary may receive a paper after closing hours and file and enter it on his records the
following day as of the day received.
Baker v. Sisk, 1 F.R.D. 232
E.D.Okla.,1938
Under Oklahoma law, it is not the duty of a clerk of District Court to examine petition filed to
ascertain when the statute of limitations will run and determine therefrom whether it is neces-
sary to issue a summons immediately.
Brinson v. Georgia R. Bank & Trust Co., 165 S.E. 321
Ga.App.,1932
It is clerk's official duty to file all papers in cause presented by parties, and to indorse correct
date of filing thereon (Civ.Code 1910, 4891, 4892, 6080).
State v. Gillette's Estate, 10 S.W.2d 984
Tex.Com.App.,1928
That county clerk used superfluous words at law in filing probate papers under unconstitu-
tional statute held not to render his acts void. Vernon's Ann.Civ.St. arts. 1970-142 to
1970-152.
Page 27
Wagner v. Garrett, 269 S.W. 1030
Tex.,1925
It is mandatory duty of clerk of Court of Civil Appeals, as ministerial officer, to file and for-
ward to Supreme Court, to which addressed, writ of error or any document tendered to him,
pertaining to appeal in cause pending in that court, whatever his opinion as to Supreme
Court's jurisdiction.
Edwards v. Stein, 119 A. 504
N.J.Ch.,1923
Except in the performance of merely routine duties, such as filing and docketing papers, en-
rolling proceedings and decrees, making certified copies, etc., a clerk in chancery is entitled,
for his protection, to a directing order of the court.
People ex rel. Trost v. Bird, 172 N.Y.S. 412
It is the duty of the clerk of the Municipal Court to file a notice of appeal, whether presented
in time or not; the question whether the appeal was properly taken being for the Appellate
Term on motion to dismiss.
Cooney v. Isaacks, 173 S.W. 901
Tex.Civ.App.El.Paso,1915
Court held to have no right to interfere with its clerk's statutory duty to file papers, and under
Rev.St. art. 2118, to docket all motions.
Davis v. State, 167 S.W. 1108
Tex.Crim.App.,1914
The Clerk of the trial court should place, on papers filed with him, the actual date of filing.
Alexandria Naval Stores Co. v. J.F. Ball Bro. Lumber Co., 54 So. 1035
La.,1911
The statute (1 Rev.Laws 1904, p. 936, 2) requiring the clerk of the district court to file in
court, within ten days of the taking of same, a transcript of the testimony reported, is imperat-
ive, and the judge may not interfere, and direct the clerk not to file the same.
Howard v. Gulf, C. & S.F. Ry. Co., 135 S.W. 707
Tex.Civ.App.,1911
A clerk of a court must indorse the correct file mark on all papers filed with him.
Stevenson v. Stunkard, 90 N.E. 106
Page 28
Ind.App.2.Div.,1909
The caption of the complaint was: State of Indiana, County of V. In the Superior Court of V.
County. Immediately following the caption and names of the parties was the memorandum of
the clerk of the V. circuit court, who was, by statute, ex officio clerk of the V. superior court:
Be it remembered that plaintiff by his attorneys filed in the office of the clerk of the V. Cir-
cuit Court the following complaint. All of the record entries were signed by the judge of the
V. superior court, and the clerk's certificate is signed by the ex officio clerk of the V. superior
court, and sealed with the seal of that court. Held, that the statement in the clerk's memor-
andum that the complaint was filed in the V. circuit court was a palpable clerical error, and
was not reversible.
State ex rel. Soller v. Brown, 18 Ohio C.D. 615
Ohio.Cir.,1906
Where a court has ordered a party to an action then pending to deliver to the clerk of the court
a good and sufficient warranty deed to certain property, and has directed the clerk to pay over
to the said party the purchase price of the property in question, then in the hands of the clerk,
such party may not, by suit in mandamus, compel the clerk to comply with the order on his
tender of a deed, where a dispute arises as to the sufficiency of the deed under the order. His
proper remedy is to have the dispute determined by a motion filed in the original case.
State ex rel. Bennett v. McCafferty, 15 Ohio Dec. 415
Ohio.Com.Pl.,1905
Under Rev.St. 1245, 1260, 5034 (See Gen.Code, 2874, 2900, 2901, 11281) it is clerk of
court's mandatory duty to file, docket, and issue summons on a petition, and he is without dis-
cretion to require prepayment of his statutory fees as a condition precedent to performance of
his duty; the words when rendered in section 1260 (See Gen.Code, 2900, 2901) prescrib-
ing clerk's fees for services when rendered not being construable to mean before fee rendered.
Gustavenson v. State, 68 P. 1006
Wyo.,1902
Although it is the duty of the Clerk of the District Court to attach the seal of court to all in-
struments signed in his official capacity, his failure to attach the same to a jurat certifying to
the verification of a criminal information filed in such court does not render the verification
void, where, at least, the legality of the defendant's arrest is not in issue under section four of
the bill of rights.
Warner v. Texas & P. Ry. Co., 54 F. 920
C.A.5.Tex.,1893
Where a clerk prepares a writ of error, bond, and citation, and sends them to the judge, who
signs them without inserting the date of his signature, the clerk has no authority, on the return
of the papers, to erase the dates originally written therein, and insert the date of the actual
signing; nor has he any authority to change the file marks on papers filed by him; but it would
Page 29
not be improper to add a memorandum, signed by him officially, of any facts which, as to
him, might be or become material.
Steeg v. Walls, 30 N.E. 312
Ind.App.,1892
In order that error in the giving and refusing of instructions may be considered on appeal, the
instructions must have been brought into the record by bill of exceptions, or it must affirmat-
ively appear that they were filed; and an indorsement by the clerk of the file-mark on them is
not sufficient to show filing, but the filing must have been minuted in the court docket, and be
made to appear as part of the court proceedings in the order-book.
Martin v. Porter, 51 Tenn. 407
Tenn.,1871
A deputy clerk of a County Court has power to administer oaths, and may swear a party to an
answer to be filed in the court of which his principal is clerk.
Oliphant v. Dallas, 15 Tex. 138
Tex.,1855
Hart.Dig. art. 185, makes it the duty of the coroner to execute and return all processes, where
the sheriff is a party, or where just exceptions can be taken to the sheriff or his deputies, or
where there is no sheriff. Article 186 requires the clerk to direct process to the coroner in all
cases where affidavit is filed of the partiality, etc., of the sheriff. Held, that where the sheriff
is a party, or where there is no sheriff, the clerk may act on his own knowledge in issuing pro-
cess.
McFarlan v. People, 13 Ill. 9
Ill.,1851
Where a clerk fails to indorse on a recognizance the time of the filing of same in the court, he
may make the indorsement at a subsequent term.
Wooster v. McGee, 1 Tex. 17
Tex.,1846
It is the official duty of the clerk of a district court to file all the papers in a cause presented
by the parties, and to mark them Filed, with the date of filing.
Maxcy v. Clabaugh, 1 Gilman 26
Ill.,1844
A deed made by the successor of the clerk of the county commissioners' court to correct a
mistake in a conveyance by his predecessor, which set forth that the records and papers on file
in his office showed the mistake, and that the subsequent deed was made for the purpose of
Page 30
correcting such error, was held properly admissible in evidence.
References
END OF DOCUMENT
Page 31
Bundren v. State, 70 S.W. 368
79CLERKS OF COURTS
79k68k. Disqualification to act.
Tenn.,1902
After the expiration of his term of office, a clerk of the circuit court or trial court has no power
to file or indorse as filed a bill of exceptions, and such an act by him is wholly unwarranted
and illegal and will not permit the consideration of a bill of exceptions, so styled in the record,
upon an appeal to this court.
Lewis v. Hutchison, 16 S.W. 654
Tex.Ct.App.,1890
Where the clerk of the county court is one of the defendants, and files the petition and issues
the citation, the latter should be set aside on motion of his codefendant, though the clerk has
entered into a stipulation that no advantage will be taken of the failure to appoint a clerk pro
tem., under Gen.Laws 20th Leg.Reg.Sess. p. 102, c. 109, 1, providing that, in all cases
wherein the clerk is a party, a clerk pro tem. shall be appointed for the purposes of the suit.
References
END OF DOCUMENT
Page 1
Russell v. Morrell, 91 So.3d 533
79CLERKS OF COURTS
79k 69k. Custody and care of records.
La.App.4.Cir.,2012
Although relator was entitled to obtain a copy of his Boykin transcripts via a public records re-
quest whether or not the time limitation for filing an application for postconviction relief
passed, clerk of criminal district court was not the custodian of such transcripts, and, thus, re-
lator could not obtain mandamus relief compelling clerk of criminal court to release the tran-
scripts; relator was required to contact the district court division wherein the proceeding took
place. LSA-C.C.P. arts. 3861, 3862; LSA-Const. Art. 12, 3; LSA-R.S. 13:1373(B)(3), 44:31;
LSA-C.Cr.P. art. 843.
Speight v. Presley, 203 P.3d 173
Okla.,2008
The responsibility for maintaining traffic files lies with the judge or magistrate of the court,
and the court clerk maintains those files for and at the direction of the judges. 47 Okl.St.Ann.
18-101.
Scott v. State, 883 N.E.2d 147
Ind.App.,2008
Clerks of superior and circuit courts in Indiana are the legal custodians of all documents filed
in those courts.
Minasian v. State, 967 So.2d 454
The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the re-
cords contained in its files unless the records are legally exempt from disclosure.
State v. Muse, 721 N.W.2d 661
Neb.App.,2006
It is the duty of the clerk of each of the courts to file together and carefully preserve in his of-
fice all papers delivered to him for that purpose in every action or special proceeding.
Neb.Rev.Stat. 25-2205.
Glenney v. Forman, 936 So.2d 660
Page 1
Clerk of Circuit Court, who opened court file that mistakenly listed victim of domestic viol-
ence as criminal defendant in domestic violence case, thereby subjecting victim to arrest and
incarceration, owed special duty to victim to act non-negligently once clerk's office became
aware of mistake in naming victim as defendant but failed to correct mistake; at first arraign-
ment, victim and prosecutor explained to Circuit Court that victim was not criminal defendant.
Radford v. Brock, 914 So.2d 1066
The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the re-
cords contained in its files unless the records are legally exempt from disclosure. West's
F.S.A. 28.13, 119.01(1, 3), 119.011(1, 2).
Trahant v. Perez, 843 So.2d 479
La.App.4.Cir.,2003
Attorney who has filed and stamped copy of document from clerk of court's office should be
able to rely on such document being present in record, for purposes of hearing at trial court
level.
American Financial Corp. of Tampa v. City of Rochester, 2002 N.Y. Slip Op. 50219(U)
N.Y.Sup.,2002
It should be the practice of clerk of court to inquire of the sender if a cover letter directs the
filing of nonexistent documents.
In re Strickhausen, 994 S.W.2d 936
Tex.App.Houston.1.Dist.,1999
Clerk of the appellate court is statutorily required to file and preserve the certified records in
an appeal, and a defendant, his agent, or anyone else would be entitled to view those records
at the court. V.T.C.A., Government Code 51.204(a)(1).
Granado v. Sentry Ins., 599 N.W.2d 62
Wis.App.,1999
Personal injury summons and complaint that were hand delivered to clerk of circuit court at
his home several hours after his office had closed on last day of limitations period were not
properly deposited with the clerk, for purposes of statutory requirement that a paper be
properly deposited before the clerk can file it; although delivery was arranged by clerk, the
time and place of presenting the papers exceeded legislative guidelines. W.S.A.
59.40(2)(a).See publication Words and Phrases for other judicial constructions and defini-
tions.
Page 2
Wis.App.,1999
Statute requiring that a paper be properly deposited before a clerk of circuit court may file it
does not confine the clerk to accept papers only during usual business hours set by the county
board. W.S.A. 59.40(2).
Wis.App.,1999
Term properly deposited, in statute requiring a clerk of circuit court to file and keep all pa-
pers properly deposited with him or her in every action or proceeding, means something more
than mere deposit of a pleading; adverb properly carries a connotation of complying with
formality or correctness. W.S.A. 59.40(2)(a).See publication Words and Phrases for other ju-
dicial constructions and definitions.
Wis.App.,1999
What is proper, for purposes of statute requiring the clerk of circuit court to file and keep all
papers properly deposited with him or her in every action or proceeding, will vary from case
to case depending upon the circumstances. W.S.A. 59.40(2)(a).
Wis.App.,1999
Properly deposited, within statute requiring a clerk of circuit court to file and keep all pa-
pers properly deposited with him or her in every action or proceeding, means that the further
removed from an office's legislative guidelines and usual business hours a transaction occurs,
the less likely it is that the papers have been properly deposited. W.S.A. 59.40(2)(a).See pub-
lication Words and Phrases for other judicial constructions and definitions.
Wis.App.,1999
Papers deposited with the clerk during usual business hours and at the county provided office
are properly deposited for purposes of the time and place of filing. W.S.A. 59.40(2)(a).See
publication Words and Phrases for other judicial constructions and definitions.
Tanner v. State, 744 So.2d 1017
File numbers are merely administrative convenience for clerk of circuit court but are not stat-
utory prerequisite for filing by parties to action. West's F.S.A. 28.211, 28.31.
Birmingham Fire Ins. Co. of Pennsylvania v. American Nat. Fire Ins. Co., 928 S.W.2d 226
Page 3
Tex.App.Texarkana,1996
Instrument is deemed as filed with proper clerk of appellate court once it is received by clerk's
agent.
Whisenant v. Fulton Federal Sav. & Loan Ass'n, 390 S.E.2d 100
Ga.App.,1990
Once deposition was filed with clerk of court, it was responsibility of clerk to be sure depos-
itions were placed with appropriate record.
Moser v. Thorp Sales Corp., 256 N.W.2d 900
Iowa,1977
When petition affecting real estate is filed, it is the duty of the district court clerk to index it in
the tract index and, when so indexed, the action charges all third persons with notice. I.C.A.
617.10.
Hamilton v. Department of Industry, Labor and Human Relations, 203 N.W.2d 7
Wis.,1973
Where petitioner, on April 22, 1971, received notice and a copy of administrative orders dis-
missing racial discrimination complaint, where, on May 17, 1971, five days before expiration
of period to perfect review, court clerk received petition to review the orders and $8 for filing
fees, but where clerk kept the petition until June 1, 1971, when he informed petitioner that the
petition would not be filed because filing fee was $11, clerk abused his discretion in permit-
ting the review period to expire before notifying petitioner that he would not file the petition,
and, under these facts, the petition was in legal contemplation filed within statutory period.
W.S.A. 59.43, 227.16(1), 271.21(1).
Wis.,1973
Duties of court clerk include the obligation to file all papers properly before him. W.S.A.
59.39, 59.395.
Wis.,1973
Under statute providing that court clerk may refuse to accept any paper for filing until the ap-
propriate fees are paid, use of the word may gives the clerk discretion to accept and file pa-
pers without the payment of the filing fee; he may extend credit but he is not obliged to do
so and, when he does, it is at his own risk. W.S.A. 59.43.
State v. Couture, 205 A.2d 387
Conn.Cir.App.Div.,1964
Page 4
Clerk of circuit court could not perfect record of judgment of defunct town court by complet-
ing judgment file, and copy of record so completed could not serve as basis for finding prior
conviction. C.G.S.A. 51-52, 51-273.
In re Reports of Auditors of Warren County, 43 Erie C.L.J. 41
Pa.Com.Pl.,1960
Preliminary objections in the nature of a demurrer to a petition to strike off the judgments of
the auditors' reports with respect to the office of the prothonotary where it is averred that the
auditors failed to file a detailed account of the items of income and expenditure in the protho-
notary's office and that the accounts revealed many improper items of expense will be dis-
missed because the egregious conduct of the prothonotary, if substantiated by proofs, justifies
and requires further inquiry.
Poole v. Whitman, 83 So.2d 641
La.,1955
Where defendants had been granted suspensive appeals to the Court of Appeal, and clerk of
Court of Appeal had refused to file transcripts on ground that defendants had not paid the fil-
ing fees, but defendants claimed that they were public officials and exempt from filing fee re-
quirement, district judge had lost jurisdiction of case at time appeals were perfected, and clerk
of Court of Appeal could not return transcripts without matter being presented to Court of Ap-
peal for decision of question whether defendants were required by law to pay the fee. LSA-
R.S. 3:2851 and note to 3:2859.
State v. Brubaker, 177 S.W.2d 623
Mo.,1944
The clerk of the circuit court must make some record of the filing of a paper when it is presen-
ted to him, and he has no discretion in the matter. R.S.1939, 944, V.A.M.S. 483.140.
Helbush v. Mitchell, 34 Haw. 685
Haw.Terr.,1938
Merely clerical errors in opinion should be corrected by clerk upon original decision as filed.
Ohio Farmers Co-op. Milk Ass'n v. Davis, 17 N.E.2d 924
Ohio.App.3.Dist.Crawford.Co.,1937
Under the statute providing that a court clerk shall file together and carefully preserve in his
office all papers delivered to him for that purpose in every action or proceeding, it was clerk's
duty, when bill of exceptions was filed with him, to carefully preserve the bill in his office
and not to permit it to be withdrawn or removed therefrom, so that the bill would be available
for the purposes prescribed in the statutes relating to the duties of the clerk and the trial judge
in reference to such bill. Gen.Code, 2875, 11565, 11566.
Page 5
Delco Ice Mfg. Co. v. Frick Co., 178 A. 135
Pa.,1935
Prothonotaries are public officers upon whom many duties may be imposed by Legislature,
and they may have control of documents similar to those filed with recorder of deeds, but
when paper is directed to be filed in prothonotary's office, act may give record a quasi judicial
character. 17 P.S. 1483, 1901 et seq.
Davis v. State, 167 S.W. 1108
Tex.Crim.App.,1914
The Clerk of the trial court should place, on papers filed with him, the actual date of filing.
Darrow v. Chicago, L.S. & S.B. Ry. Co., 81 N.E. 1081
Ind.,1907
Clerks of the circuit and superior courts are the custodians of all records of those courts and
papers filed therein.
In re New Iberia Cotton Mills Co., 37 So. 8
La.,1904
Acts 1898, p. 315, No. 159, 8, LSA-R.S. 12:759, requiring the clerk of court to enter in the
order book notice of the filing of every petition, motion, etc., has no application to appeals,
which are matters of constitutional right.
Stolz v. Selz, 12 Ohio Dec. 664
Ohio.Com.Pl.,1900
It is one of the duties attaching to the office of clerk to keep not only the papers filed during
his term of office but the accumulated records and pleadings of former cases which have been
transferred to him by his predecessor and to keep them in such order and accessibility as is
possible with his accommodations therefor.
Stolz v. Selz, 12 Ohio Dec. 664
Ohio.Com.Pl.,1900
It was the province of the court and not of the county commissioners to provide for the over-
hauling and rearrangement of files in the office of the clerk.
Keefer v. Myers, 52 N.E. 125
Ohio,1898
When a printed record has been filed with the clerk of the supreme court for the purpose of
complying with Rev.St. 6711 (See Gen.Code, 12223-32, 12223-33) that so much of the
record to be reviewed as will show the error complained of shall be printed, the court will
not, on motion of defendant in error, enter upon a consideration of the merits of the case to de-
termine whether enough of the record has been printed, for a failure in that regard can in no
Page 6
event operate to his prejudice.
Van Duzee v. U.S., 73 F. 794
N.D.Iowa.E.Div.,1896
All applications in criminal cases for summoning witnesses, copies of indictments, or other
matters in which the action of the clerk is involved, should be made to appear, with the action
thereon, on the records, or among the files of the court.
Hackfeld v. Ing Choi, 5 Haw. 9
Haw.King.,1883
When a paper is presented for filing in the absence of the clerk of court, it should be taken to
the deputy clerk, or left on the desk of the clerk, and his attention called to it seasonably; and
if it is lost meanwhile, it is at the risk of the person leaving it.
Roseboro v. Thompson, 1 White & W. 15
Tex.Ct.App.,1877
After a motion for new trial has been filed by the clerk, that officer is responsible that it be
properly entered on the motion docket, and the rights of parties cannot be prejudiced by his
permission to the attorney filing it to take it from his office.
McDonald v. Crusen, 2 Or. 258
Or.,1868
Where county clerk placed paper offered for filing among the files of the case with a date of
such reception and his name endorsed thereon, there was a good filing, and the clerk was not
authorized to place thereon any endorsements, such as not filed for want of funds.
References
END OF DOCUMENT
Page 7
In re Rothfeld, 174 N.Y.S.2d 987
79CLERKS OF COURTS
79k 71k. Summary remedies to compel action.
N.Y.Sup.,1958
Where, in proceeding on application to compel clerk of Supreme Court, Appellate Term, to
file all papers on file in Municipal Court relating to a particular appeal or to show cause why
an attachment should not issue against the clerk's person, no testimony had been taken, settle-
ment of case was not required, appeal was from both judgment and intermediate orders, peti-
tioner failed to point to law or court rule violation warranting the drastic remedy, and moving
affidavit had been made by petitioner's attorney who was not the aggrieved party, application
was fatally defective. Rules of Civil Practice, rule 6; Appellate Term Rules, 2d Dept., rule 4;
New York City Municipal Court Code, 161, subds. 1, 2; Municipal Court of New York City
Rules, rule 13.
In re Rothfeld, 174 N.Y.S.2d 987
N.Y.Sup.,1958
Where, in proceeding to compel clerk of the Supreme Court, Appellate Term, to file papers on
file in the Municipal Court or to show cause why an attachment should not issue against the
clerk's person, applicant disclaimed that he was proceeding under the Civil Practice Act,
1283 et seq., cross-motion, which sought dismissal of petition for legal insufficiency on as-
sumption that the proceeding was one pursuant to the Civil Practice Act, 1283 et seq., would
be denied as academic. Rules of Civil Practice, rule 6.
Swift v. Swift, 11 S.E.2d 660
Ga.,1940
Where deputy clerk made entry of filing attacked by traverse, deputy was not merely a
proper party but was a necessary party to traverse proceeding. Code 1933, 24-2713,
81-214.See publication Words and Phrases for other judicial constructions and definitions.
Shackelford v. New York Underwriters Ins. Co., 198 So. 31
Miss.,1940
The only way in which a clerk of court can be controlled by a party litigant with respect to
clerk's duty under statute to issue process immediately upon filing of a declaration in circuit
court is through a process of the court. Code 1930, 520.
State ex rel. Millikan v. Cook, 180 N.E. 896
Page 1
Ohio,1932
Clerk could not be compelled by mandamus to file suits under Unknown Depositors Law; law
being invalid, because uncertain, contradictory, unjust, and unenforceable. Gen.Code,
9864-9872 (repealed 1947).
Ohio.App.8.Dist.Cuyahoga.Co.,1931
Citizen could not rightly maintain suits to recover statutory penalties for violating regulations
regarding unknown depositors, and hence was not entitled to mandamus to compel clerk to
file suits. Gen.Code, 9864-9872 (repealed 1947).
Citizen held not entitled to mandamus to compel clerk to file citizen's suits to recover stat-
utory penalties for violation of provisions regarding unknown depositors, either with or
without prepayment of costs. Gen.Code, 9864-9872 (repealed 1947).
Prudential Ins. Co. of America v. Hart, 218 N.W. 529
Iowa,1928
In summary proceeding against clerk of court for recovery of money, filing answer casts no
greater burden on plaintiff (Code 1924, 11608).
State ex rel. Doerfler v. Haserodt, 13 Ohio App. 305
Mandamus will not lie against the clerk of the common pleas to require him to issue commit-
ment papers and ignore a judgment of the common pleas granting a new trial, even though
motion therefor was not filed within the statutory time; the appropriate remedy being against
the trial judge to procure an annulment of the order granting a new trial.
Wolf v. Mulcrevy, 169 P. 259
Sole right which petitioner for probate of estate of decedent has is to have petition filed in su-
perior court, and, if clerk fails to file it properly, petitioner has remedy in superior court by
application there to have paper filed, numbered, and indexed as it ought to be.
State v. Shaw, 1 N.E. 753
Ohio,1885
When a proper affidavit has been filed under Rev.St. 550 (See Gen.Code, 1687) providing
for change of venue, should the clerk refuse to act as required by that section, he may be com-
pelled so to act by proceedings in mandamus.
Page 2
References
END OF DOCUMENT
Page 3
T. Jackson Lyons & Associates, P.A. v. Precious T. Martin, Sr. & Associates, PLLC, 83 So.3d
1284
79CLERKS OF COURTS
79k 72k. Liabilities for negligence or misconduct.
Miss.,2012
Circuit Court clerk was liable to law firm for an amount sufficient to compensate it for the
reasonable attorney fees and related costs incurred as a result of clerk's failure to properly
transmit the appellate record to the Supreme Court, to be paid by clerk personally, and not in
whole or in part with public funds; testimony and circuit court findings indicated frequent,
systemic errors were occurring in the clerk's office directly caused by her failure to properly
train employees in her office, that those errors caused law firm to incur unnecessary expense
and effort in attempting to persuade the clerk to transmit the designated record, and clerk's er-
rors delayed appeal filed by law firm. Rules App.Proc., Rule 10, 11(d)(1)(2).
Wicks v. Lycoming County, 456 Fed.Appx. 112
C.A.3.Pa.,2012
Litigants failed to establish that county prothonotary's loss of their civil case files was in re-
taliation for their exercise of their First Amendment rights, even if prothonotary had adminis-
trative duty to maintain files, where there was no allegation that prothonotary took any action
at all, retaliatory or otherwise. U.S.C.A. Const.Amend. 1.
Sibley v. U.S. Supreme Court, 2011 WL 1983343
D.D.C.,2011
Deputy court clerk's alleged failure to file attorney's pleadings in his disbarment proceedings
and court clerk clerk's alleged refusal to correct docketing error were actions that were integ-
ral part of judicial process, for which clerks were entitled to absolute immunity.
Fuller v. Truncale, 50 So.3d 25
Clerk of courts had jurisdiction to engage in judicial act of recommending to Department of
Motor Vehicles (DMV) that driver's licenses of drivers cited for traffic violations be suspen-
ded, such that clerk had judicial immunity from suit filed against him in his official capacity
by cited drivers, and, thus, trial court departed from essential requirements of law in denying
clerk's motion to dismiss class action on judicial immunity grounds, for certiorari purposes;
administrative order gave clerk authority to recommend license suspension following expira-
tion of the 90-day period within which cited drivers were required to pay traffic citation.
Page 1
Bank of America, N.A. v. U.S. I.R.S., 663 F.Supp.2d 1308
M.D.Fla.,2009
Mortgage lender's action against clerk of court, in his official capacity, challenging tax deed
sale on mortgaged property and distribution of the excess proceeds, was procedurally barred,
under Florida statute, requiring notice to state agency and denial of the claim as condition pre-
cedent to filing suit against state agency or state official, where lender sent claim in the form
of a letter to the clerk, but clerk did not deny the claim before the lender filed suit approxim-
ately three months later, and notice of claim was not served upon the designated general coun-
sel, as required by city ordinance. West's F.S.A. 768.28(6)(b).Conklin v. Warrington Tp.,
2009 WL 1227950West KeySummary[1]M.D.Pa.,2009A prothonotary's alleged failure to
docket a mortgagee's praecipe against his mortgagor for judgment of non pros did not consti-
tute retaliatory action under the First Amendment when the mortgagee failed to show a causal
link between the mortgagee's protected conduct and the allegedly retaliatory action. There was
no causal link because the mortgagee filed his claim two months before the prothonotary en-
gaged in retaliatory conduct. The temporal proximity between the two events was not so un-
duly suggestive as to give rise to an inference of causation. U.S.C.A. Const.Amend. 1; 42
U.S.C.A. 1983.1 79k722 92k14362018766001001012018766001001Bey v. Bruey, 2009 WL
961411West KeySummary[1]D.N.J.,2009The clerks being sued for money damages arising
from the performance of duties involving a request to enter default had quasi-judicial im-
munity. The entry of default judgment has historically been a judicial function. Before enter-
ing a default, the clerk had to examine the affidavits filed and find that they met the require-
ments of Federal Rule of Civil Procedure 55(a). The clerk had to determine whether the de-
fendant had been served with the summons and complaint in accordance with the rules, when
service occurred, when the time to answer or plead had expired, and whether the defendant
failed to plead. Fed.Rules Civ.Proc.Rule 55, 28 U.S.C.A.1
79k722018580606001012018580606001
Barthlow v. Jett, 303 Fed.Appx. 723
C.A.11.Fla.,2008
Employer, the county clerk of courts, had legitimate reason for firing employee, and thus was
entitled to qualified immunity in action against clerk in his individual capacity for damages
arising from termination, regardless of potential non-lawful reasons for termination related to
employee's claim of retaliation for filing complaint against clerk, where employee had an ex-
tensive history of incidents of, and reprimands for, unprofessional conduct, and she offered
only excuses for her behavior, but did not deny the incidents.
Hicks v. McGee, 642 S.E.2d 379
Ga.App.,2007
Former state prisoner's failure to specifically state that his claims against superior court clerk
and deputy clerk were based on a ministerial act, rather than a discretionary act, did not com-
pel the conclusion that the clerks were entitled to official immunity in former prisoner's negli-
gence action, which action was filed after prisoner served an additional 22 months in prison
Page 2
after his sentence had expired, where the prisoner's complaint set forth factual allegations that
the clerks failed to perform the act of communicating prisoner's sentence to the Department of
Corrections. West's Ga.Code Ann. 42-5-50.
Glenney v. Forman, 936 So.2d 660
Clerk of Circuit Court, who opened court file that mistakenly listed victim of domestic viol-
ence as criminal defendant in domestic violence case, thereby subjecting victim to arrest and
incarceration, owed special duty to victim to act non-negligently once clerk's office became
aware of mistake in naming victim as defendant but failed to correct mistake; at first arraign-
ment, victim and prosecutor explained to Circuit Court that victim was not criminal defendant.
Tucker v. Doe, 173 Fed.Appx. 969
C.A.3.N.J.,2006
Clerk of a New Jersey superior court was not entitled to absolute immunity in connection with
his alleged failure to file four complaints submitted by pro se litigant, since clerk had non-
discretionary duty under New Jersey law to file papers presented for filing. N.J.R. 1:5-6(c).
Tucker v. I'Jama, 173 Fed.Appx. 970
C.A.3.N.J.,2006
Court clerk's duty to file papers presented for filing was non-discretionary, under New Jersey
law, and, thus, clerk was not entitled to absolute immunity in discrimination action filed by
involuntary committee and alleging clerk failed to file complaints he had submitted and had
not notified him of any deficiencies precluding their filing. N.J.R. 1:5-6(c).
Cichowski v. Sauk County, 409 F.Supp.2d 1098
W.D.Wis.,2006
Plaintiffs stated an equal protection claim under the Fourteenth Amendment against clerk of
county circuit court based on allegations that clerk singled them out for poor service in the
clerk's office in making them wait longer, refusing to file their documents and directing them
to a window displaying the phrase ashes of our difficult clients because of their nationality.
U.S.C.A. Const.Amend. 14.
Villa v. Elmore, 2005 -Ohio- 6649
Ohio.App.6.Dist.Lucas.Co.,2005
Village and municipal court clerk were not liable for failure to seal the record of charge
against former village police officer for carrying a concealed weapon under expungement or-
der the officer had obtained over 20 years earlier or for not removing from his personnel file
all documents relative to the weapon charge; there was no evidence showing misconduct on
part of the present clerk, any claim against clerk in office at time of the order had abated un-
der two-year statute of limitations, and there was no evidence in record that village received
Page 3
notice of the order. R.C. 2744.04.
Estate of Spiegel v. Western Sur. Co., 908 So.2d 859
Miss.App.,2005
Estate's failure to comply with notice of claim requirements of the Mississippi Tort Claims
Act (MTCA) was grounds for dismissal of estate's suit against current and former circuit court
clerk alleging negligence in failing to enroll estate's foreign judgment; estate did not file a no-
tice of claim until nine months after filing suit. West's A.M.C. 11-46-11.
Haile v. Sawyer, 2003 WL 1907661
N.D.Cal.,2003
Supervisor for county court, who was responsible for supervising deputy clerks handling all
civil filings and civil cases, was entitled to absolute quasi-judicial immunity with respect to
litigant's claims alleging intentional tort, conspiracy, perjury, subornation of perjury, felony,
fraud, breach of civil obligation, oppression, obstruction of justice, malice, harassment, de-
famation and slander, endangerment, civil rights violation, racial discrimination, intentional
gross negligence, and abuse of judicial power, inasmuch as supervisor's challenged activities
were integral part of judicial process. 42 U.S.C.A. 1981, 1983.
Lyle v. Jackson, 49 Fed.Appx. 492
C.A.6.Mich.,2002
Quasi-judicial immunity applied to claims in which prisoner sought monetary damages from
two court clerks who allegedly failed to provide prisoner with requested copies of previous
filings and transcripts, warranting dismissal of claims under statute requiring screening of
civil claims by prisoners seeking redress from governmental entities and employees. 28
U.S.C.A. 1915A.
Southern Medical Supply Co. v. Myers, 804 A.2d 1252
Pa.Super.,2002
Under Georgia law, manufacturer and developer of medical supplies and their chief executive
officer (CEO) were not denied due process by alleged failure of clerk of courts in Georgia
state court, in breach of contract action by seller against manufacturer, developer, and CEO, to
provide them notice of final judgment until filing deadline for appeal had passed, although at-
torney for manufacturer, developer, and CEO stated in affidavit that he did not receive final
judgment, since CEO sent e-mail to seller's president within period to timely file appeal that
made clear that CEO was aware that judgment had been entered. U.S.C.A. Const.Amend. 14.
Court clerk's refusal to file defendant's handwritten complaint was a discretionary act, thus
barring prisoner's negligence suit under doctrine of official immunity; accepting or rejecting
Page 4
documents for filing required individual judgment to determine compliance with rules. West's
Ann.Cal.Gov. Code 820.2.
Court clerk's refusal to file handwritten complaint by prisoner for personal injury by prison
was protected by quasi-judicial immunity from prisoner's action for personal injury against
clerk; clerk's activities in filing court documents were intimately related to the judicial pro-
cess.
Sirbaugh v. Young, 25 Fed.Appx. 266
C.A.6.Mich.,2001
State court judges and court clerks were performing their judicial and quasi-judicial duties
when they interpreted Michigan law and declined to waive the filing fee in prisoner's appeal
from the property division in his divorce case and, thus, they were immune from suit for mon-
etary damages.
Vinson v. Benson, 805 So.2d 571
Miss.App.,2001
Chancery court clerk's decision not to allow appellants to remove record on appeal from court-
house was made in clerk's official capacity and was not merely a ministerial act; though clerk
should have allowed appellants to remove record, clerk was immune from personal liability
and appellants' appropriate remedy was to file for a writ of mandamus rather than a personal
lawsuit against clerk. Rules App.Proc., Rule 10(b)(5).
Harris v. Suter, 3 Fed.Appx. 365
C.A.6.Ohio,2001
Clerk of the United States Supreme Court was entitled to absolute judicial immunity when he
refused to file petition for writ of certiorari, where petition did not comply with the rules of
the Supreme Court and was untimely making decision not to file the petition a quasi-judicial
function.
Harris v. Suter, 3 Fed.Appx. 365
C.A.6.Ohio,2001
When a clerk files or refuses to file a document with the court, he is entitled to immunity,
provided the acts complained of are within the clerk's jurisdiction.
Schultz v. Schwartz, 11 P.3d 530
Kan.App.,2000
Litigant failed to show, in her negligence action against clerk of district court for allegedly
Page 5
failing to timely file and stamp her petition in personal injury action against third party, that
her petition arrived at clerk's office prior to expiration of applicable statute of limitations;
testimony of litigant's attorney that, based on his experience, petition should have arrived on
time and that documents subsequently mailed from his office were always filed the next busi-
ness day was not dispositive of what happened in present case.
Weiner v. State, 710 N.Y.S.2d 325
Doctrine of judicial immunity precluded claimant's negligence claim based on conduct of fam-
ily court petition clerks who assisted her former husband in filing violation of visitation peti-
tion that lead to her allegedly wrongful arrest; preparation of petitions by the clerks was an in-
tegral part of the judicial process of hearing and ruling upon a violation of visitation claim.
Samuel v. Michaud, 980 F.Supp. 1381
D.Idaho,1996
Federal court clerks were not entitled to absolute quasi-judicial immunity for their alleged
misconduct in upkeep of files and exhibits in prior litigation involving plaintiffs. 42 U.S.C.A.
1983.
Samuel v. Michaud, 980 F.Supp. 1381
D.Idaho,1996
Federal court clerks were entitled to qualified immunity from claim that they violated
plaintiffs' due process and equal protection rights by engaging in misconduct with respect to
filing of court documents, maintaining exhibits, scheduling hearings, sending notices, and
transcribing proceedings; alleged acts did not fall within constitutional parameters of right to
access to courts, and there was no evidence of intent to violate plaintiffs' constitutional rights.
U.S.C.A. Const.Amend. 5; 42 U.S.C.A. 1983.
Battle v. Whitehurst, 831 F.Supp. 522
E.D.Va.,1993
While it is true that court clerks generally do not enjoy absolute immunity when they perform
ministerial duties such as filing pleadings or responding to requests for court files, it is
equally true that court clerk is entitled to derivative absolute immunity when performance of,
or refusal to perform, ministerial acts is in accordance with judicial order.
Kincaid v. Vail, 969 F.2d 594
C.A.7.Ind.,1992
Court clerks' return of inmates' filing fee, accompanied by letter explaining that clerks did not
know what check was for, did not constitute violation of inmates' right of access to courts;
evidence did not indicate that clerks received proper complaint and fee and deliberately failed
to file complaint, any failure to file was result of mistake or isolated incident of negligence,
Page 6
inmates had adequate state remedies available to them under Indiana law, including writs of
mandate and prohibition, and inmates failed to allege that they suffered any prejudice as result
of return of their filing fee. West's A.I.C. 34-1-58-1; West's A.I.C. Const. Art. 1, 20.
Lee X v. Casey, 771 F.Supp. 725
E.D.Va.,1991
Negligent conduct by deputy clerk of court in failing to file letter as a notice of appeal did not
give rise to constitutional claim for violation of the due process clause of the Fifth Amend-
ment under Bivens. U.S.C.A. Const.Amend. 5.
Lee X v. Casey, 771 F.Supp. 725
E.D.Va.,1991
Although courts generally exercise judicial discretion to construe letters expressing a condi-
tional desire to appeal a court order as notices of appeal in pro se cases, a deputy clerk of
court does not possess the discretionary authority or legal training to do so, and thus clerk's
failure to perform ministerial act by allegedly failing to file and docket letter could not form
basis for constitutional claim as required to state actionable civil rights claim against deputy
clerk.
MacKerron v. MacKerron, 571 A.2d 810
Me.,1990
Ex-husband's complaint alleging negligence by ex-wife in her official capacity as district
court clerk for failing to docket and file a promissory note as part of the divorce decree was
legally sufficient to state a claim.
Lebleu v. Forum Ins. Co., 479 So.2d 972
La.App.3.Cir.,1985
Omission by clerk of court of a mortgage from a certificate of mortgages requested by judg-
ment creditor, an omission which allegedly caused creditor to decide to seize judgment debt-
or's property and, in turn, caused judgment creditor to file a petition for bankruptcy, was not a
basis for judgment debtor to obtain damages against clerk of court on a res nova theory of re-
covery in absence of evidence that omission was a substantial cause in fact of judgment cred-
itor's inability to collect his indebtedness. LSA-C.C. art. 3394.
Spencer v. City of Seagoville, 700 S.W.2d 953
Tex.App.Dallas,1985
Clerks of city's municipal court were entitled to absolute judicial immunity where uncontro-
verted evidence showed that clerks' signing and filing of complaints for failure to appear in
court were part of their normal functions as court clerks and therefore were judicial acts.
Page 7
Reigh v. Schleigh, 595 F.Supp. 1535
D.Md.,1984
Clerk of court was immune from any claim of damages by judgment debtors who had been
denied due process by delay in adjudicating their claim of exemption in Maryland postjudg-
ment garnishment proceedings, where process due to judgment debtors, particularly period of
time within which hearing on claim of exemption was required to be held, was not firmly es-
tablished at time debtors filed their exemption claim. Md.Rule 3-645(d); U.S.C.A.
Const.Amend. 14.
Wallis v. Clerk, Superior Court of DeKalb County, 305 S.E.2d 639
Ga.App.,1983
Reason that bankruptcy debtor did not obtain his homestead exemption was not because deeds
to the subject property were never recorded by the clerk of court, but because debtor had no
aggregate interest in the property, that is, because trustee was unable to sell the property for
more than security interest therein, which interest was the subject of one of the deeds and was,
in fact, recognized by the bankruptcy court, despite late filing of security deed; hence, debtor
had no claim as against the clerk of court upon which relief could be granted. O.C.G.A.
9-11-12(b), 44-13-100(a); Fed.Rules Civ.Proc. Rule 56(c), 28 U.S.C.A.
First Virginia Bank-Colonial v. Baker, 301 S.E.2d 8
Va.,1983
Five-year period of limitation applied to cause of action by bank alleging that misfeasance of
deputy of clerk of county circuit court in improperly indexing lien instrument caused it to
make loan based upon mistaken premise that deed of trust would constitute second, and not
third, lien upon borrower's property; therefore, bank's action, which was filed more than three
years after date upon which bank learned of second prior lien, was timely. Code 1950, 8-24
(Repealed).
Panko v. Rodak, 606 F.2d 168
C.A.7.Ill.,1979
Supreme Court clerks, who were carrying out judicial or quasi-judicial functions within their
authority when they refused to file documents which did not comply with Court rule, were im-
mune from the plaintiff's claim for damages. Supreme Court Rules, rules 39, 39, subd. 1, 53,
subd. 5, 28 U.S.C.A.
Loper v. Austin, 596 P.2d 544
Okla.,1979
Even if court clerk, or his employee, filed judgment under wrong name in judgment docket,
judgment creditors could not recover from clerk on theory that the error allowed debtor to sell
realty without first satisfying the judgment, where the only property owned by debtor in
county was his homestead, to which the judgment lien could not attach, so that no damage had
been suffered by creditors as result of any negligence of clerk.
Page 8
Marty's Adult World of New Britain, Inc. v. Guida, 453 F.Supp. 810
D.Conn.,1978
Although absolute immunity may be available to protect discretionary actions of a court clerk,
such as setting bail amounts, only qualified immunity should be accorded clerks performing
ministerial duties, such as filing papers and preparing records.
Weaver v. Thomas, 399 F.Supp. 615
S.D.Tex.Houston.Div.,1975
Clerk of district court was not liable in damages on ground that he illegally and unconstitu-
tionally refused to file plaintiff's petition for habeas corpus where clerk referred both the peti-
tion and application to proceed in forma pauperis to the United States magistrate on October
30, 1974, the very day that the clerk received the papers and delay between such date and May
5, 1975, on which date magistrate made a recommendation, was due in large part to flood of
prisoner actions and court accepted magistrate's recommendation on the day it was received
and on the same day entered the appropriate orders. 28 U.S.C.A. 632, 1914(a), 1915(d),
2254; U.S.Dist.Ct.Rules S.D.Tex., Rule 24, subd. C(3).
Complaint seeking damages from clerk of district court on ground that he illegally and uncon-
stitutionally refused to file plaintiff's petition for habeas corpus failed to state a claim on
which relief could be granted where it failed to allege facts showing that the habeas corpus pe-
tition was premised on any valid ground.
Since clerk of district court acted promptly on receiving petition for a writ of habeas corpus
the clerk, from whom petitioner sought damages on ground that he illegally and unconstitu-
tionally refused to file petition, was entitled to immunity against suit; in addition, petitioner
had no claim either against the district court or the magistrate to whom the matter was re-
ferred, since they both acted promptly in the matter. 28 U.S.C.A. 632.
Maddox v. Astro Investments, 343 N.E.2d 133
Ohio.App.2.Dist.Preble.Co.,1975
Failure of clerk of court of common pleas to docket and index certificate of judgment for sev-
eral days after it was delivered and filed constituted negligence as matter of law. R.C.
317.33, 2329.02, 2329.09.
Burleson v. Shaw, 516 S.W.2d 686
Tex.Civ.App.Eastland,1974
Page 9
Court clerk who advises an attorney for a party that a supersedeas bond has not been filed and
that there is a need for filing such a bond has not committed an actionable offense for which
other party may recover interest lost by not having use of money deposited with clerk.
Fletcher v. Wilson, 500 S.W.2d 601
Ky.,1973
Action could not be maintained against county court clerk, who signed jurat on paper filed by
candidate for county office, under statute authorizing attack on officer's certificate, where no
personal recovery was sought against the officer and he was made a party solely that he might
be enjoined in his official capacity from placing name on ballot. KRS 61.060.
Davis v. McAteer, 431 F.2d 81
C.A.8.Mo,1970
Even if clerk of state court lost certain files which would have corroborated prisoner's claim
that he had been kept under influence of drugs while in city jail prior to his guilty pleas, clerk
was immune from liability to prisoner under doctrine of judicial immunity. 42 U.S.C.A.
1983; U.S.C.A.Const. Amend. 14.
Lockhart v. Hoenstine, 411 F.2d 455
C.A.3.Pa.,1969
Prothonotary of Superior Court of Pennsylvania was not liable to prisoner under Civil Rights
Act for refusing to accept for filing certain papers, where action of prothonotary was pursuant
to superior court order. 42 U.S.C.A. 1983.
Installment Plan, Inc. v. Justice, 209 So.2d 68
La.App.4.Cir.,1968
Although court clerk negligently failed to include recorded collateral mortgage on mortgage
certificate requested by and issued to plaintiff, clerk was not liable for any damages plaintiff
sustained by foreclosure of the collateral mortgage as the collateral note in question was not
pledged until after filing of plaintiff's mortgage, with consequence that plaintiff's mortgage
was in fact superior to the collateral mortgage. LSA-C.C. art. 3394.
Rudnicki v. McCormack, 210 F.Supp. 905
D.R.I.,1962
Complaints alleging that Massachusetts attorney general, one of his assistants, United States
attorney, two of his assistants, and clerk of federal district court deprived plaintiff of his civil
rights because attorneys represented judges sued by plaintiff under the Civil Rights Act and
because clerk received and filed papers in connection with such suits failed to state causes of
action under any provision of Civil Rights Act, since immunity of judges from suit attached to
attorneys and clerk. 42 U.S.C.A. 1983, 1985.
Page 10
Jackson v. Jones, 336 S.W.2d 565
Ky.,1960
Burden of causing record on appeal to be timely filed is that of appealing party rather than
that of clerk; and there could be no recovery from Circuit Court clerk for alleged failure to
timely transmit record on appeal. CR 73.08, 75.07(4).
Com. to Use of Orris v. Roberts, 130 A.2d 226
Pa.Super.,1957
Where judgment creditor had presented judgment note for filing, clerk in prothonotary's office
had misfiled judgment, and judgment debtor had conveyed real property and allegedly was ex-
ecution proof, prothonotary was liable for default of his clerk and therefore surety on protho-
notary's bond, which was conditioned upon faithful execution of duties of prothonotary's of-
fice not only by prothonotary but by his deputies, clerks, assistants and appointees, was also
liable. 17 P.S. 1481, 1903, 1922.
Ginsburg v. Stern, 125 F.Supp. 596
W.D.Pa.,1954
Even if alleged failure to file petition was patently violative of complainant's civil rights, Su-
preme Court prothonotary allegedly acting pursuant to court order and direction in allegedly
failing so to file, could not be held civilly liable therefor.
Geach v. Olsen, 211 F.2d 682
C.A.7.Ill.,1954
Where petition for writ of habeas corpus showed on its face that petitioner was not entitled to
a writ of habeas corpus, refusal by clerk of criminal court to file a petition for writ of habeas
corpus could not possibly damage petitioner and complaint based on that refusal was fatally
defective as it could not show that petitioner was entitled to damages.
Chasnoff v. Porto, 16 Conn.Supp. 464
Conn.Super.,1950
Where clerk issued pluries execution within 10 days after Supreme Court handed down opin-
ion in case which sought injunctive relief against outstanding execution, clerk issued pluries
execution at his peril whether motion to reargue was filed or not. Practice Book, 399.
Singletary v. General Motors Acceptance Corp., 73 F.2d 453
C.A.5.Ga.,1934
State superior court clerk's testimony as to reason for his failure to file record on appeal in
state Supreme Court within statutory time held properly excluded in federal court action for
resulting damages.
Page 11
Singletary v. General Motors Acceptance Corp., 73 F.2d 453
C.A.5.Ga.,1934
Acceptance corporation held entitled to recover value of its interest in automobiles under trust
receipts, given it by dealer, from superior court clerk as damages for delay in filing in state
Supreme Court record on corporation's appeal from adverse judgment in its suit to recover
cars or value thereof from finance company acquiring interest therein after execution of re-
ceipts; judgment not being sustainable under undisputed evidence except for such delay.
Brown v. Brown, 64 S.W.2d 59
Tenn.App.,1933
County court clerk held not liable to ward for failure to require guardian to appear, make set-
tlement and file renewal bond where no willful disregard of duties was charged or proved.
Shannon's Code, 4267, 4298, 4299.
Riverside Transfer Co. v. Service Drayage Co., 135 So. 79
La.App.Orleans,1931
If clerk of Court of Appeal should make erroneous records regarding time of filing transcript
and insist records are correct, party complaining could seek to hold clerk and bondsman liable
for injury in separate proceedings.
Martin v. Bogard, 2 S.W.2d 700
Ark.,1928
That supersedeas bond was filed late did not excuse clerk of court from distributing funds, ac-
cording to court order. Crawford & Moses' Dig. 2160.
Whelan v. Reynolds, 112 N.W. 223
Minn.,1907
Where, had the clerk of the court entered and docketed a judgment by confession on a note as
authorized by a statement executed, the same would have been paid from the surplus arising
from a mortgage sale of the land, but he failed to do so until after a second mortgage had been
executed, which, together with the first, equaled the value of the land, a surety on the note
who paid the judgment by confession thereon was entitled to maintain an action for damages
resulting from the failure to promptly enter and docket the judgment, although he did not com-
ply with Rev.Laws 1905, 4281, providing that, whenever a judgment against two persons
shall be paid by one of them, he may continue the judgment in force by filing with the clerk a
notice of the amount paid and of his claim for contribution.
Milburn-Stoddard Co. v. Stickney, 103 N.W. 752
N.D.,1905
A clerk of the district court cannot be amerced, under Rev. Code 1899, 5555, 5556, for
failure to pay over money for the satisfaction of a judgment on file in his office, except where
Page 12
such money is paid him under the terms of the statute.
U S, to Use of Kinney v. Bell, 127 F. 1002
C.C.E.D.Pa.,1904
A clerk of a court is essentially a ministerial officer, and has nothing to do with the character
or purpose of papers which are tendered to him to be filed. When suit is ordered or process
directed to be issued, it is his duty to comply, if the party is prima facie entitled to it; and for
failure to do so he is liable for any loss, the measure of his responsibility being the damages
which have resulted therefrom.
In re Contempt by Four Clerks, 36 S.E. 237
Ga.,1900
It is the duty of the clerk of a court, whose decisions are reviewable by writ of error to the su-
preme court, to transmit the transcript, though plaintiff in error has neither filed a pauper affi-
davit nor paid the costs due the clerk for making out the transcript.
Baltimore & O.R. Co. v. Weedon, 78 F. 584
C.A.6.Ohio,1897
Where it is by law made the duty of the clerk of a court, upon the filing of a praecipe by the
moving party in an action, to issue process to the sheriff, whose duty it is to serve the same,
and return it to the clerk, who is then to receive and record the return, it is not a defense to an
action against the clerk, for neglect and default in issuing process upon a praecipe, that the
plaintiff did not give attention to the clerk's performance of his duty, and see to it that it had
been performed.
Mallory v. Ferguson, 32 P. 410
Kan.,1893
When a clerk of the district court, who is neither a lawyer nor engaged in the business of mak-
ing abstracts, signs a certificate appended to an abstract of title to certain land, as follows: I
further certify that there are no judgments, mechanics' liens, or foreign executions on file or of
record in this county, or any attachments or other suits pending in said county, against said
within-described lands, nor against any of the grantors or grantees herein, nor against any oth-
er person through whom title herein is derived,-and receives therefor 25 cents, which is the
fee allowed by law for a certificate alone, it will not be presumed, in the absence of evidence,
that such clerk agreed to make a careful search, and correctly certify as to the condition of the
title to such land, but the burden of showing an express agreement to do so rests on plaintiff;
and such clerk will not be held liable for any mere errors of judgment, or want of skill, in de-
termining the legal effect of a suit pending in the court of which he is clerk.
U.S. Wind Engine & Pump Co. v. Linville, 23 P. 597
Kan.,1890
Page 13
No action will lie against a clerk of the district court, in charge of the records of mechanics'
and other liens, for a false certificate furnished a purchaser that there were no liens against the
property purchased, where the only lien is one for materials furnished the grantor, which was
filed against the land after it had been conveyed to the purchaser with warranty, for he cannot
be injured by such certificate.
McFarland v. Burton, 12 S.W. 336
Ky.,1889
Where, in an action against a clerk to recover damages for his failure to issue an execution
when ordered by plaintiff's attorneys, there was testimony tending to show that the attorney
for plaintiff had the custody or possession of the record when the execution was ordered to be
issued, defendant should have been allowed to file an amended answer relying on such fact, as
it constituted a good defense.
Rosenthal v. Davenport, 38 N.W. 618
Minn.,1888
When papers required to be filed in the office of the clerk of court are presented to him for
that purpose, it is his duty to file and deposit them in a proper place, so that they may be found
on reasonable examination; and, if he misplaces such papers, he is chargeable with negli-
gence.
Minn.,1888
Negligence on the part of the person presenting papers for filing is not implied from the fact
that papers relating to different matters are presented in one package without explanation, they
being properly indorsed so as to show their character.
Minn.,1888
The creditor of an insolvent, having lost his share in the estate by reason of the clerk having
misplaced the statutory release filed by the debtor, in order to recover against the clerk, need
not show that the debtor has not again become solvent.
Minn.,1888
Case considered as not justifying a legal conclusion of negligence on the part of the person
presenting papers to be filed for not having discovered that the officer had misplaced the
same.
People, for Use of v. Leaton, 25 Ill.App. 45
Page 14
Where appeal bond filed in trial court was approved by clerk of court under order of court and
was treated by all parties as sufficient to perfect the appeal, and no demand was made on the
clerk to issue execution notwithstanding such bond, no liability attached to the clerk because
of an alleged informality in the bond due to alleged oversight of the clerk.
People, for Use of v. Leaton, 25 Ill.App. 45
Where order of trial court provided that appeal bond should be filed with security to be ap-
proved by the clerk the clerk was not bound at his peril to see that the bond presented to him
in matters of form, contained a recital of conditions required by law.
Crews v. Taylor, 56 Tex. 461
Tex.,1882
No action will lie against the clerk of the district court for failure to keep a file book for enter-
ing mortgages and to record a mortgage, by a party who had notice of the mortgage from a
deed on record, and who neglected to inquire of the clerk for instruments filed and not recor-
ded.
Alston v. Sharp, 70 Tenn. 515
Tenn.,1879
Upon a bill being filed, where the clerk is to issue the attachment, and the allegations do not
authorize the attachment, so that it would have been either void on the face of the record or
voidable, or a decree based thereon would be reversible, so that no levy under the writ could
have been valid, the clerk will not be liable, except perhaps for nominal damages, for not issu-
ing such a paper, as it would not have been authorized by law, and would have been of no ad-
vantage to complainant.
Williams v. Hart, 17 Ala. 102
Ala.,1849
Defendant, for the purpose of superseding the judgment against him, tendered to the clerk suf-
ficient security. The clerk allowed the bond to be signed in blank, with the understanding that
he might afterwards fill it up, but, before it was filled up, the sureties revoked the authority.
The clerk, however, under the advice of counsel, proceeded to fill up the bond, and certified it
as a valid bond to the supreme court, where the judgment was affirmed against defendant and
his sureties, with 10 per cent. damages. The sureties thereupon filed a bill against plaintiff and
clerk to relieve themselves from the judgment, and obtained a decree for a perpetual injunc-
tion. Held, that the clerk was liable to plaintiff for the amount of the original judgment, with
interest, and for such necessary costs as plaintiff in good faith expended in defending against
the chancery suit.
Page 15
Wright v. Wheeler, 8 Ired. 184
N.C.,1847
A clerk of a court who issued a blank writ, and after its return docketed the same, and failed to
take security for costs, was held to be liable for such failure, as he became liable, after issuing
the blank writ, for the acts of all parties who should fill up the same.
References
Applicability of judicial immunity to acts of clerk of court under state law 34 American Law
Reports 4th 1186 (1984)
END OF DOCUMENT
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