clerks failing to file liability

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Custom Digest - 9 Headnotes

Kleim v. Sansone, 2007 WL 1975919

79CLERKS OF COURTS79k 64Powers and Proceedings in General

79k 64. 1k. In general.Mo.App.E.Dist.,2007n Missouri's circuit system, the filing of a petition with a clerk of any division of the circu

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.,2004Complaint did not support negligence claim against district court clerk in alleging that clehould have reviewed borrower's Chapter 7 petition prior to permitting him to file it, and, aesult of that review, should have known that borrower was unable to receive Chapter 7 d

charge and thus refused to accept borrower's processing fee, given lack of showing that clehad statutory or common-law duty to review litigants' proposed filings for accuracy or legvalidity, and, upon such review, determine whether action could be filed.

Maginn v. City of Glendale, 85 Cal.Rptr.2d 639

Cal.App.2.Dist.,1999Court rule requiring that a civil case cover sheet accompany the first paper filed in an actiofor statistical purposes, does not expressly authorizes the superior court clerk to refuse to fhe first paper on the ground it is not accompanied by the cover sheet. Cal.Rules of Cou

Rule 982.2.

Maginn v. City of Glendale, 85 Cal.Rptr.2d 639Cal.App.2.Dist.,1999Superior court clerk, upon being informed that immediate filing of inverse condemnaticomplaint and issuing of summons were necessary to satisfy applicable limitation statuerred by refusing to file the complaint and issue summons, while requiring counsel to provihe cover sheet later.

Rojas v. Cutsforth, 79 Cal.Rptr.2d 292Cal.App.2.Dist.,1998Superior court clerk was required to file personal injury complaint that was received withimitations 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



Robinson v. Lohman, Director of Revenue, 949 S.W.2d 907Mo.App.S.Dist.,1997Filing of a petition with a clerk of any division of circuit court constitutes a filing with circcourt.

State ex rel. Patrick v. Kidd, 631 S.W.2d 666Mo.App.E.Dist.,1982Adult Abuse Act litigant does not have to prove to circuit clerk that he or she is not represeed by counsel in the proceedings but, rather, all litigant need do is advise circuit clerk he he is not represented by counsel in proposed filing under Adult Abuse Act and circuit cle

must then render assistance to such litigant as is mandated by section of Act requiring circuclerk to explain procedures for filing forms and pleadings and to advise petitioner in regardhis 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 681Minn.,1981Word “court” in subsections of Domestic Abuse Act, requiring “court” to provide forms aclerical assistance to help with writing and filing of petition, to advise petitioner of rightfile motion and affidavit and to sue in forma pauperis, and to assist with writing and filingmotion and affidavit, would be interpreted as meaning “clerk of court” and thus Act did nviolate separation-of-powers doctrine. 49 M.S.A., RCrP 29.03; M.S.A. §§ 518B, 518B.0

ubd. 4(d, e).

People v. Howard, 46 P.2d 268Cal.App.2.Dist.,1935Where notices of appeal and statements of grounds of appeal were sent by prisoner to cleroffice with statement that dates should be filled in and filed on denial of motions, filling in

uch dates on direction of judge and filing of notices as requested held sufficient to effectuaappeal, though court had no authority to direct clerk to perform such acts.

References

15A Am. Jur. 2d Clerks Of Court § § 21-27

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Voit v. Superior Court, 134 Cal.Rptr.3d 381


79k 65k. Nature and extent of authority.Cal.App.6.Dist.,2011No statute, rule of court, or case law gives the court clerk's office the authority to demand tha petitioner cite or quote precedent before his motion will be filed.

Brown v. Levy, 25 A.3d 418

Pa.Cmwlth.App.,2011A prothonotary, while playing an essential role in the court system, lacks authority to interprtatutes, evaluate the merits of a litigant's pleading, and decline to accept a timely filed doc

ment.

Brown v. Levy, 25 A.3d 418Pa.Cmwlth.App.,2011Prothonotary lacked authority to refuse to accept pro se complaint filed by inmate; althounmate's complaint was barred by Prison Litigation Reform Act's (PLRA) three strikes ru

prothonotary's role was purely ministerial and did not include statutory interpretation. Pa.C.S.A. § 6602.

Wilson v. Watson, 524 S.E.2d 812N.C.App.,2000County clerk of court had jurisdiction to deny motion to compel an accounting by an attornen-fact who was relieved of the responsibility to file reports, inventories, and accounts whe clerk; statute gives to the clerk of superior court jurisdiction to audit the accounts of fid

ciaries. G.S. § 7A-103(15).

Cable v. Hatfield, 505 S.E.2d 701W.Va.,1998Circuit clerk lacked authority to refuse to file complaint on ground that prospective plaintifailed to tender filing fee for each prospective plaintiff. Code, 59-1-11(a); Rules Civ.ProRule 20(a).

nterinsurance Exchange v. Collins, 37 Cal.Rptr.2d 126



Cal.App.2.Dist.,1994Clerk of court may not refuse to enter default on ground that plaintiff has not yet filed signdeclaration of defendant's nonmilitary status, as Soldiers and Sailors' Civil Relief Act does nequire that signed declaration be filed at that time; Congress sought to protect military peonnel not from default, but from default judgment. Soldiers' and Sailors' Civil Relief Act

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 488Ga.,1991Clerk of superior court has neither express nor implied legislative grant of power to contrafor services of attorney to defend lawsuits filed against office. O.C.G.A. §§ 15-6-60, 15-6-6

Huntington Nat. Bank v. Miller, 521 N.E.2d 844Ohio.App.10.Dist.Franklin.Co.,1987Ordinarily, a clerk of court cannot refuse to accept papers for filing if the determination propriety of filing constitutes a question of law since only a court can determine rights oparty.

Huntington Nat. Bank v. Miller, 521 N.E.2d 844Ohio.App.10.Dist.Franklin.Co.,1987f a party presents a paper for filing and the clerk of court refuses to accept the paper for filithe clerk should so indicate on the docket, together with the reason for refusal.

McKenzie v. Seaboard System R.R., Inc., 326 S.E.2d 502Ga.App.,1985Clerk of superior court did not err in informing indigent plaintiff who had filed pauper's afdavit in original wrongful death action that she was liable for no costs incurred up to pointwhich original action had been voluntarily dismissed without prejudice. O.C.G.A. § 9-15-2.

Warner v. Cortese, 288 A.2d 550Pa.Cmwlth.App.,1972

Prothonotary may have the power, and even the duty, to inspect documents tendered for filiand to reject them if they are not on their face in proper form specifically required by rulebut such power is limited; prothonotary is not in position of an administrative officer who hdiscretion to interpret or implement rules and statutes.

Tir v. Shearn, 119 N.E.2d 406ll.App.1.Dist.,1954

A clerk of court has no authority to determine whether requested instructions have bepresented to and refused by a trial judge, to receive and file purported refused instructions,



o certify that certain papers are refused instructions.

Spencer v. Lyman Falls Power Co., 196 A. 276Vt.,1938Though a clerk of court must give immediate written notice to counsel of record of all ordeudgments, or other papers in cause filed in his office, clerk is not required to keep counsel i

formed of condition of docket in other respects, and need not give notice that bills of exceions have not been signed and filed. P.L. 1372; County Court Rules, rule 5; Chancery Ruleule 54.

People v. San Filippo, 255 Ill.App. 554ll.App.2.Dist.,1929n Illinois, deputy clerks of county court are mere agents of their principal, and have only divative powers, the actual authority being in principal.

Hart v. Capital Film Co., 202 P. 483Cal.App.2.Dist.,1921While a clerk of a superior court acts in a ministerial capacity in entering a default and in redering default judgments, and while his acts are not supported by the presumptions to be idulged in connection with the judgments of courts of superior jurisdiction, he is yet a pubofficer, and his solemn acts done in the discharge of his official duty cannot be set absoluteat naught except upon some affirmative showing that they have been incorrectly performed,view of Code Civ.Proc. § 1963, subd. 15.

n re Kaufman's Estate, 1 Som. L.J. 216Pa.Orph.,1920t is duty of clerk of orphans' court to inspect papers filed, especially by laymen without aid

counsel, and to refuse to receive those that are defective and irregular, and such papers,filed, will be stricken off.

Smith v. Perkins, 102 N.W. 971Mich.,1905

The duties of the clerk of the circuit court not being prescribed, he is subject to all legitimaorders of the court, and so may not object to an order for the filing with him of a certificatedeposit in lieu of a bond as security for costs.

Metropolitan Nat. Bank v. Commercial State Bank, 74 N.W. 26owa,1898n an action to collect a debt due an insolvent debtor by the receiver thereof, who is at tame time clerk de facto of the trial court, his acts as such clerk in docketing the case, fili

papers, and making entries in the receivership matter cannot be questioned.



n re Woodbury, 7 F. 705C.C.S.D.N.Y.,1881Where a clerk of a federal court receives a requisition for a search for judgments, etc., heauthorized to file it for his own protection, and cannot be required to return the same to tparty delivering it, with the requested certificate thereto attached.

Everett v. Gooding, 53 Ind. 72nd.,1876

Authority to order or allow the filing of substituted papers belongs, not to the clerk, but to tcourt.

Frink v. Frink, 43 N.H. 508N.H.,1862t is the ordinary duty of the clerk of a court of record to extend the record of the proceedinn each suit from the process and pleadings on file and from the minutes and entries on t

dockets; and he can resort to no extrinsic evidence for that purpose.

Ayres v. Taylor, 3 Cushm. 200Miss.,1852A statute provides that the clerk of a circuit court shall be empowered to administer oaths all cases wherein an affidavit is necessary as the foundation of any official act to be performby any such clerk. Held, that the affidavit to a complaint filed is not the foundation of a

uch official act.

Pearson v. Gayle, 11 Ala. 278Ala.,1847When the clerk, pursuant to an order of the court that a bond, to be approved by him, shoube filed within 90 days, receives a bond within the time, and indorses it filed in office, he canot afterwards be permitted to testify that he did not approve or disapprove it.

Caldwell v. Estell, 20 N.J.L. 326

N.J.,1844The clerk of the supreme court may permit the attorney to make out a transcript of the pleangs in a cause, and to affix the signature of the clerk and the seal of the court, to the certifi

ate required by law, when, in fact, such pleadings are on file.

People ex rel. Risk v. Fletcher, 2 Scam. 482ll.,1840

Since in receiving and filing the bond of a sheriff, and administering to him the oath of offia clerk of the circuit court acts ministerially, these acts may be performed out of court.



References


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Norris v. Norris, 692 S.E.2d 190


79k 66k. Judicial functions and proceedings.N.C.App.,2010Clerk who set aside adoption decrees in favor of paternal grandparents due to lack of noticematernal grandparent, who subsequently filed motion to intervene in custody action and mion to consolidate custody and adoption actions, was required to transfer the proceedingshe district court for a hearing if, on remand, adoption action was still contested. Wes

N.C.G.S.A. § 48-2-601(a1).

Keith v. Wallerich, 687 S.E.2d 299N.C.App.,2009Superior Court had subject matter jurisdiction to hear trust pursuit claim, where trustee commenced special proceeding by filing petition which in part asserted claim that he be allowo resign as trustee, clerk of Superior Court entered an order which in part accepted trusteesignation as co-trustee, and clerk then transferred the remaining claims, motions and issuncluding beneficiary's trust pursuit claim to the superior court for resolution. Wes

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 414N.Y.App.Div.2.Dept.,2006Father properly sought prior written permission to file a new visitation petition by means opetition filed with the clerk of the Family Court, and properly, in effect, annexed a proposvisitation petition which sought to hold mother in violation of a prior visitation order, wheFamily Court order which directed father to seek prior written permission did not direct him

eek permission in any particular fashion, and did not direct father to submit papers seeki

uch 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 1039Nev.,1995When document of proper form is submitted to clerk of district court, clerk has ministerduty to file that document; clerk has no discretion to make any judicial ruling regarding leg

ufficiency of document.



Ayala v. Goad, 531 N.E.2d 1040ll.App.2.Dist.,1988

Clerk's acts of accepting a complaint for filing without the fee, file stamping it, and assignit a docket number, gave court jurisdiction over case, and clerk could not later change fili

date of complaint without leave of court.

Williams v. Jennette, 335 S.E.2d 191N.C.App.,1985Under Rule 6(b) [Rules Civ.Proc., Rule 6(b), G.S. § 1A-1], clerk of court had authority to eend time for filing complaint.

U.S. v. Jones, 669 F.2d 559C.A.8.Mo,1982The clerk of the district court or the clerk of the Court of Appeals should notify the defendahat his notice of appeal is ineffective as premature and should explain that a new notice of a

peal must be filed within ten days after denial of the motion for a new trial or an arrest udgment. F.R.A.P.Rule 4(b), 28 U.S.C.A.

Scrivens v. Elizabeth Lund Home, 421 A.2d 1276Vt.,1980Circumstances surrounding mother's relinquishment of parental rights over natural child to aoption agency did not present emergency situation such as would justify register to hold heng upon receipt of relinquishment and enter order terminating her parental rights in physic

absence of probate judge from courthouse where probate judge knew of appointment for reliquishment of parental rights several days in advance, and hearing held by register for purpoof terminating parental rights upon filing of relinquishment was more than nine days earlihan 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, 3F.Supp. 732W.D.Pa.,1971

The court rule directing prothonotary to present to court for action certain petitions which afiled did not apply to petitions which prothonotary is authorized to dismiss for failure to prpay costs, and which are never filed. Supreme Court Rules Pa., rules 69, 77.

Becker County Sand & Gravel Co. v. Taylor, 153 S.E.2d 19N.C.,1967Where petition for partition of land was filed with clerk of superior court and no appeal waken, proceeding was not properly before judge of superior court. G.S. §§ 1-272, 1-276.



Market St. Nat. Bank of Shamokin v. Lark Hosiery Mills, 15 Northumb.L.J 333Pa.Com.Pl.,1942The Prothonotary is without authority in the absence of an Act of Assembly or rule of courtssue a rule for judgment as a result of the filing of interrogatories and upon exception to tule the court will dismiss the same.

Cody v. Hovey, 14 S.E.2d 30N.C.,1941Where clerk of superior court granted motion to file an amendment to answer at which time appeal was noted by plaintiff, and matter was heard without objection at May term of supericourt by the judge who took matter under advisement and did not decide it before leaving tdistrict, and thereafter the case was placed on calendar and reached in November term, awas argued without objection, any irregularity in procedure by which appeal came on to heard was “waived”. C.S. § 635.See publication Words and Phrases for other judicial co

tructions and definitions.

Steve v. Colosimo, 7 N.E.2d 983nd.,1937

Statute providing for issuance by clerk, in action in ejectment, upon filing of complaint aaffidavit, of order to sheriff to seize possession of property whereupon defendant may retapossession by executing undertaking, held not unconstitutional. Burns' Ann.St. §§ 3-13043-1306; U.S.C.A.Const. Amend. 14; Const.Ind. art. 1, § 12.

Columber v. City of Kenton, 145 N.E. 12Ohio,1924Nonfeasance of clerk in furnishing transcript not ground for dismissal of petition in errowhere transcript filed immediately on discovery thereof.

Austin v. Morris, 134 N.E. 471Ohio,1921Where appeal bond has been filed in good faith and has been approved by the clerk of couhe appellate court, under Gen.Code, § 11363, may permit its amendment, so as to correct a

mistake in form or substance.

Austin v. Morris, 134 N.E. 471Ohio,1921Where appeal bond had been filed with and approved by the clerk of court, without the namof the obligees in blank space provided therefor, under Gen.Code, § 12230 (repealed 193See § 12223-14) it was not error for the appellate court, under section 11363, to permit tnames of obligees to be inserted, notwithstanding section 12232 (repealed 1936. See12223-16).



Wyoming Central Irr. Co. v. Laporte, 188 P. 360Wyo.,1920Under Sess.Laws 1911, c. 22, W.C.S.1945, § 3-4204, authorizing filing of transcript of judment in office of clerk of county other than where it was rendered, to make it a lien on tproperty of the judgment debtor in such county, no power exists in clerk of court in whiranscript is filed to issue execution, such authority not being expressly conferred, and an ex

cution so issued is void. The clerk of the court of the county where the judgment was renderhould issue execution, as authorized by Comp.St.1910, § 4668.

Rose v. Lelande, 129 P. 599Cal.App.2.Dist.,1912The clerk of the superior court has no judicial power to pass on the sufficiency of an answfiled in due time, but the question is for the court on motion for judgment on the pleadings,on motion to strike out the answer.

Akron Waterworks Co. v. Swartz, 18 Ohio C.D. 627Ohio.Cir.,1906Where an excepting party has filed a bill of exceptions, and the clerk, through no fault of texceptor, transmits the same to the trial judge on the tenth day after service of notice of tfiling 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 suadverse party has been really prejudiced thereby.

Appeal of Kane, 29 P. 424Mont.,1892Act March 6, 1891 (St.2d Sess. p. 219), provides that the clerk of the district court may, in vcation, grant letters of guardianship “where no protests or objections are made or filhereto”; and that any such act of the clerks “shall be binding on all the parties interestherein until the next term of the court after they are entered of record, when they shall be ren open court, and approved, set aside, or modified; but until so set aside or modified it sh

have the same force and effect as if done by the court.” Held, that the statute does not give tclerks any judicial power, and therefore does not authorize a clerk in vacation to adjudgeperson insane, and to appoint a guardian.

Broerman v. Townsend, 6 W.L.B. 722Ohio.Dist.,1881One who has given a bond for appeal within the statutory time cannot be deprived of his rigof 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



Cal.,1865A stipulation was filed in a case, stating, among other things, that its provisions were acceptas a compromise of a counterclaim which had been set up, and agreeing that the countercla

hould be stricken from the answer. It also provided that an account of the matters thus set hould be taken, and, if a balance should be found due defendant, that judgment might

entered for him. Held, that it was not the duty of the clerk to dismiss the action at the requeof plaintiff. It was a matter which pertained to the court.

Morrow v. Malone, 5 Sneed (TN) 642Tenn.,1858The plaintiff is required to file his declaration within the first three days of the term to whihe writ is returnable, or his suit may be dismissed on motion. The fact that the judge of t

court did not attend at the return term, and there was no court, will not excuse the plaintiff, he declaration have been filed with the clerk.

Pugh v. Corwine, 1 Ohio Dec.Reprint 451Ohio.Dist.,185250 Laws, 95, Curwen's St. c. 1124, § 9, provides that, when appeals shall be granted accordio law, the clerk shall forthwith make out an authenticated transcript of the docket or journ

entries, and of the final judgment or decree made and rendered in the case; which transcripogether with the original papers and pleadings filed in the cause, he shall deliver into the o

fice of the clerk of the district court on or before the first day of the term thereof next aftperfecting the appeal. Held, that such statute is directory only, and the clerk's omission to peform his duty will not affect the jurisdiction of the court; and that where the clerk below ne

ects to file the papers of a cause appealed, as required by such statute, on the first day of term of the district court next after the appeal is taken, appellant may have the case docket

and the papers filed on a subsequent day.

Pugh v. Corwine, 1 Ohio Dec.Reprint 451Ohio.Dist.,1852Where the clerk of the court neglects to file the papers of the cause appealed, as he is requiro do by statute on the first day of the term of the district court next after the appeal is take

appellant may have the case docketed and the papers filed on a subsequent day; the clerkomission to perform his duty cannot affect the jurisdiction of the court.

Coonce v. Munday, 3 Mo. 373Mo.,1834The clerk of the circuit court has authority to issue an execution on a transcript of a judgmeof a justice of the peace filed in his office.

References




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Ex parte Jackson, 366 S.W.3d 201


79k 67k. Ministerial functions and acts.Tex.Crim.App.,2012Clerk of district courts of county in which habeas petitioner was originally convicted of agravated sexual assault was required to forward for filing all materials relevant to petitioneconviction as required by statute, under penalty of contempt, to permit court of criminal apeals to review petition and take action on convicting court's recommendation that petition 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 64Okla.Civ.App.Div.2,2012A court clerk may not refuse to file a noncomplying pleading.

n re Vogler Realty, Inc., 722 S.E.2d 459N.C.,2012Statute mandating that trustee for deed of trust file final report of receipts and disbursemen

with respect to foreclosure sale and audit by clerk of superior court of that report did not ahorize clerk to review for reasonableness trustee's distribution of attorney fees incurred

foreclosure proceedings; audit was ministerial duty limited to determining whether report rflected actual receipts and disbursements made by trustee. West's N.C.G.S.A. § 45-21.33b).

Hales v. State, 78 So.3d 654Fla.App.4.Dist.,2012Prisoner who was serving a life sentence for sexual battery was not entitled to writ of mandmus compelling circuit court clerk to explain why a copy of the indictment in his case w

tamped as filed after the date of his conviction; clerk did not have a ministerial duty to awer prisoner's demands for an explanation.

Voit v. Superior Court, 134 Cal.Rptr.3d 381Cal.App.6.Dist.,2011f a document is presented to a superior court clerk's office for filing in a form that compli

with the rules of court, the clerk's office has a ministerial duty to file it, and, even if the doc

ment contains defects, the clerk's office should file it and notify the party that the defe



hould be corrected.

Lovero v. Da Silva, 28 A.3d 43Md.Spec.App.,2011A pleading or paper required to be served by rule governing service of pleadings or papeother than original pleadings that does not contain an admission or waiver of service or

igned certificate showing the date and manner of making service cannot become a part of acourt proceeding, and the clerk is mandated not to accept for filing such pleading or papMd.Rules 1-321(a), 1-323.

Brown v. Levy, 25 A.3d 418Pa.Cmwlth.App.,2011A prothonotary, while playing an essential role in the court system, lacks authority to interpr

tatutes, evaluate the merits of a litigant's pleading, and decline to accept a timely filed docment.

Brown v. Levy, 25 A.3d 418Pa.Cmwlth.App.,2011f documents tendered for filing are proper on their face and in conformity to the rules

court, a prothonotary does not have discretion to refuse to enter them.

Brown v. Levy, 25 A.3d 418Pa.Cmwlth.App.,2011Prothonotary lacked authority to refuse to accept pro se complaint filed by inmate; althounmate's complaint was barred by Prison Litigation Reform Act's (PLRA) three strikes ru

prothonotary's role was purely ministerial and did not include statutory interpretation. Pa.C.S.A. § 6602.

State ex rel. Deblasio v. Jackson, 707 S.E.2d 33W.Va.,2011When a party files an affidavit in accordance with and by reason of statute allowing a civil l

gant to proceed in forma pauperis, stating that he is pecuniarily unable to pay fees and cosor counsel fees, the truth of the affidavit is not then to be questioned and the officer who

ervices may be demanded or required shall perform such services as are required by law, asuch 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 33W.Va.,2011n making the initial determination of an applicant's eligibility for waiver of fees, costs or s

curity pursuant to the Financial Guidelines for Determining Eligibility for Waiver of Fee



Costs, or Security in Civil Cases, the clerk of the court is required to treat the financial diclosures in the affidavit, which were made by the applicant under oath and penalty of fal

wearing, as true; if the clerk determines that the disclosures in the applicant's financial afdavit meet the guidelines for waiver of fees, costs, or security, then the clerk shall immedately file the civil action, but if the clerk determines that the disclosures in the applicant's fancial affidavit do not meet the guidelines, or if the clerk determines that the financial afdavit provides insufficient information for the clerk to make such a determination, then t

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 431Tex.Crim.App.,2011Under statute governing procedure for habeas applications challenging felony convictionsnon-death penalty cases, clerk of district court had a ministerial duty to receive, file, aimely forward application for writs of habeas corpus to Court of Criminal Appeals, and th

applicant was entitled to a writ of mandamus to compel clerk to fulfill duty, even though a

plicant's earlier habeas corpus application in the same cause was pending before the Couwhether applicant had other applications pending was irrelevant to clerk's statutory duwhich was unequivocal and subject only to the limitations in the rules concerning complianwith 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 445Cal.App.2.Dist.,2010Superior court clerk could not refuse to file facsimile-transmitted personal injury complainta sanction for plaintiffs' failure to provide facsimile cover sheet complying with local cou

ule, where complaint met all state requirements. Cal.Rules of Court, Rule 3.220(c).

Zanesville v. Rouse, 929 N.E.2d 1044Ohio,2010A document is “ filed ” when it is deposited properly for filing with the clerk of courts; tclerk'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 publicatiWords and Phrases for other judicial constructions and definitions.

Zanesville v. Rouse, 929 N.E.2d 1044Ohio,2010A party “ files ” a document by depositing a document with the clerk of court, and then tclerk's duty is to certify the act of filing; in short, the time or date stamp does not cause tfiling, the filing causes the certification. R.C. §§ 1901.31, 2303.08, 2303.10, 2303.3Sup.Ct.Rules, Rules 26.05(B)(2), 44(E).See publication Words and Phrases for other judicconstructions and definitions.



Holt v. State, 232 P.3d 848Kan.,2010District court has jurisdiction over the clerks and the authority to direct them to refrain frofiling various items under appropriate circumstances. K.S.A. 20-3102, 60-2601(a).

Estate of Johnson v. Ciarpelli, 896 N.Y.S.2d 752

N.Y.App.Div.4.Dept.,2010County clerk acted within her authority in accepting summons and complaint for filing, andassigning an index number to the action, where no statute, rule or order directed her to refuo accept the filings. McKinney's CPLR 306-a, 2102(c).

Gilliam v. Gilliam, 43 So.3d 615Ala.Civ.App.,2010Divorce judgment was not void, for purposes of wife's motion for relief from judgment, ahough it was not entered by court clerk until after trial judge vacated office, where trial judendered the judgment by separate written order and authorized the entry of the judgment b

fore vacating office by filing the judgment with the clerk; because trial judge had authorizhe entry of the judgment before he vacated his office by filing the judgment with the clerhe clerk's delay in performing the ministerial duty of entering the judgment did not affect

validity. Rules Civ.Proc., Rules 58(c), 60(b)(4).

Cave v. Elliott, 988 A.2d 1Md.Spec.App.,2010

County sheriff's motion for reconsideration in deputy sheriff's termination case containedigned certificate showing the date and manner making service, and therefore, county couclerk did not have authority to refuse to accept the motion for filing, despite sheriff's erroristing the incorrect county court and docket number in the caption. Md.Rules 1-301(a), 1-32

G.W. v. Rushing, 22 So.3d 819Fla.App.2.Dist.,2009Circuit Court clerk had the ministerial duty to transmit to District Court of Appeal a noticeappeal filed by pro se litigant, even though Circuit Court judge entered order instructing cle

o remove the notice of appeal from the court file pursuant to an earlier order decreeing litiant to be a vexatious litigant and barring him from filing further pro se pleadings; notice appeal was to be regarded as the property of the District Court of Appeal and its clerk, and tproper procedure was to transmit to the District Court of Appeal both the notice of appeal ahe order directing that the notice be removed from the court file.

Meyer v. Minster Farmers Coop. Exchange Co., Inc., 2009 -Ohio- 4933Ohio.App.3.Dist.Shelby.Co.,2009Clerk of court properly assigned new case number to fertilizer buyer's claim against seller f



crop loss damages, even if buyer meant for claim to be a renewal of dismissed counterclaimeller's ongoing action against buyer for nonpayment, where buyer filed new complaint wury demand that contained a praecipe asking that seller be served, and complaint did ndentify itself as a renewal of the counterclaim or contain the original case number of teller's action. R.C. § 2303.09; Rules Civ.Proc., Rule 10.

Gehring v. Goodman, 884 N.Y.S.2d 646N.Y.Sup.,2009County clerk was required to accept for filing copies of affidavits confessing judgment, sin

tatute governing filing of such affidavits did not specify that only the original of the affidacould be accepted for filing and did not proscribe the filing of a copy of the affidavit. McKney's CPLR 2101(e), 2102(c), 3218(b).

Laidlaw Energy and Environmental, Inc. v. Town of Ellicottville, 875 N.Y.S.2d 668N.Y.App.Div.4.Dept.,2009Papers were properly filed with clerk to initiate Article 78 proceeding, although county cleremployee instructed legal assistant to deliver papers to court; legal assistant gave papers county clerk's employee, who date-stamped them, and clerk was required to file papers amaintain record of date of filing. McKinney's CPLR 304 (2001).

n re Simmonds, 271 S.W.3d 874Tex.App.Waco,2008The district court clerk has a ministerial duty to accept and file all pleadings presented for f

ng.

n re Smith, 270 S.W.3d 783Tex.App.Waco,2008Once a notice of appeal is delivered to the clerk for filing, whether it is timely or untimely, tdetermination of appellate jurisdiction must be made by the appellate court, and, accordinghe clerk of the trial court must file and forward to the appropriate appellate court the notice

appeal, as well as any other materials tendered that are integral to a determination of the apellate timetable.

n re Smith, 270 S.W.3d 783Tex.App.Waco,2008Clerk of trial court abused its discretion by refusing to file letter of party, who was attemptio appeal order declaring him to be a vexatious litigant, that was a bona fide attempt to invo

appellate court jurisdiction, and forward a copy of the letter to the Court of Appeals, desphe vexatious litigant order, as he was entitled to seek review of the trial court's finding that

was a vexatious litigant, in order to pursue the appeal he necessarily had to file a notice of apeal in the proceeding in which he was declared a vexatious litigant, and any contention th



he notice of appeal did not comply with the requirements of the appellate rules was for tCourt of Appeals to determine. Rules App.Proc., Rule 25.1(a).

Hartford Citizens for Responsible Government v. City of Hartford Bd. of Zoning Appea756 N.W.2d 454Wis.App.,2008

Policy adopted by clerk of circuit court, that papers submitted to clerk's office, for filing, afegular 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 performeand thus, such policy was within clerk's discretion as a constitutional officer. W.S.A. 59.20(59.40(2).

Dejean v. District Clerk, Dallas County, 259 S.W.3d 183Tex.Crim.App.,2008District court clerk was required to forward applications for writs of habeas corpus to Court Criminal Appeals, after trial court had waited more than 35 days from filing of applicationsenter order designating issues; since trial court's untimely entry of order designating issues dnot extend the time limitation for responding, clerk was under a ministerial duty to immedately forward the applications and related records. Vernon's Ann.Texas C.C.P. art. 11.07.

Wagner v. Wagner, 749 N.W.2d 137Neb.,2008Trial courts, and the clerks of those courts, should not file stamp any court-issued docume

hat is not meant to take legal effect.

Musmacher v. McDonough, 969 So.2d 1101Fla.App.1.Dist.,2007nmate was entitled to writ of mandamus to compel circuit court clerk to accept petition f

writ of mandamus he had filed challenging prison disciplinary action, which clerk had refuso accept unless inmate remitted filing fee or application to proceed as an indigent, as cle

had ministerial duty to accept petition for filing absent payment of filing fees, timely depoof filing fee or adjudication of insolvency was not jurisdictional, and inmate's proceeding w

n fact, an appellate proceeding in the circuit court.

Hood v. State, 651 S.E.2d 88Ga.,2007The duties of the clerk relating to the filing of pleadings are ministerial in nature, and it is tofficial duty of the clerk of a court to file all papers in a cause presented by the parties, andmark them filed, with the date of filing; and thus, for purpose of determining the filing datea pleading, a paper is said to be filed, when it is delivered to the proper officer, and by that oficer received, to be kept on file.



Hood v. State, 651 S.E.2d 88Ga.,2007t is beyond the purview of the clerk to be concerned with the legal viability of a pleadi

presented to the clerk for filing.

Sollenberger v. Lee, 925 A.2d 883Pa.Cmwlth.App.,2007The prothonotary is not an administrative officer who has discretion to interpret or implemeules and statutes; if documents tendered for filing are proper on their face and in conformo rules of court, a prothonotary does not have discretion to refuse to enter them.

Lezama-Carino v. Miller, 56 Cal.Rptr.3d 671Cal.App.6.Dist.,2007The clerk of the court can not refuse to file a document simply because there is a pending aplication for fee waiver. Cal.Rules of Court, Rule 3.51(b).

nnovatit Seafood Systems, LLC v. Commissioner For Patents, 240 F.R.D. 23D.D.C.,2007Court rule providing that a clerk shall not refuse to accept for filing any paper presented fhat purpose solely because it is not presented in proper form as required by these rules or aocal rules or practices will serve its function best if “proper form” covers all matters regated by the rules of procedure; clerks thus must take in whatever is tendered to them, and

document may be rejected later if a judicial officer finds a problem, but the initial filing eures that the process of vetting papers for compliance with the rules does not prevent satfaction of time limits. Fed.Rules Civ.Proc.Rule 5(e), 28 U.S.C.A.See publication Words aPhrases for other judicial constructions and definitions.

n re Credit Acceptance Corp., 733 N.W.2d 65Mich.App.,2007The court rule governing the filing of papers does not give court clerks broad discretion to ect pleadings; rather, it authorizes clerks to reject pleadings that fail to conform only to t

caption requirements. MCR 2.113(C)(1), 5.113(A)(1), 8.119(C).

Lincoln State Bank v. Carrillo, 725 N.W.2d 634Wis.App.,2006Statutory provision stating that clerk of court shall discharge mortgage foreclosure judgmeon payment to clerk or on filing receipt of plaintiff or plaintiff's assigns for such payment clerk's office does not state a prerequisite for redemption, but rather establishes procedure fpurging judgment and mortgage. W.S.A. 846.13.



Seger v. For Women, Inc., 854 N.E.2d 188Ohio,2006Although patient's counsel's request that the court clerk delay service in medical malpractiaction so that he had more time to identify the responsible doctor, the clerk was not requiro comply with counsel's request and should not have done so, and thus, the clerk's failuressue a summons for service upon hospital and doctors in medical malpractice action immed

ately after receiving the filing of patient's complaint did not warrant dismissal of action; thospital and doctors were not prejudiced by the delay since the action was timely commencand the hospital and doctors received notice as prescribed by the rules. Rules Civ.Proc., Ru4(A).

Brown v. Habrle, 908 A.2d 640Me.,2006Rule which mandates that the clerk mail the parties notice of the filing of the referee's repo

does not provide that notice to the parties can be given by a referee, rather than the clerk; ruequires the referee to file his report with the clerk, but thereafter, it is the clerk who is rponsible for entering the filing date on the docket, and serving the parties with notice of t

filing date. Rules Civ.Proc., Rule 53(e)(1).

Brown v. Habrle, 908 A.2d 640Me.,2006Purpose of rule which mandates that the clerk mail the parties notice of the filing of the refeee's report is to provide the parties with notice of the exact date the referee's report was fil

n order to allow them to calculate precisely when their relatively brief ten-day period for fng 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 778Ohio,2006Clerk of Mayor's Court lacked authority to refuse to accept for filing a criminal defendanury demand; clerk had statutory authority to refuse to accept for filing only documents su

mitted in civil cases by vexatious litigators who had failed to obtain leave to proceed. R.C. 1905.01, 1905.02, 1907.20.

State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 843 N.E.2d 778Ohio,2006A county clerk of court, as a ministerial officer of the court, has a duty by law to accept anfile documents tendered to him or her.

State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 843 N.E.2d 778Ohio,2006



t is the duty of the Clerk of the Supreme Court, in the absence of instructions from the Couo the contrary, to accept for filing any paper presented to the Clerk, provided such paper

not scurrilous or obscene, is properly prepared, and is accompanied by the requisite filing fe

State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 843 N.E.2d 778Ohio,2006

The power to make any decision as to the propriety of any paper submitted or as to the righta person to file such paper is vested in the court, not the clerk of court.

Eichelberger v. Cunningham, 108 Fed.Appx. 891C.A.5.Miss.,2004State court clerk did not violate litigants' procedural due process rights by permitting lawsuo continue against them based on amended complaint that had been improperly filed, absehowing that clerk was personally involved in any deprivation of due process or caused auch deprivation. U.S.C.A. Const.Amend. 14.

Smith v. Planned Parenthood of St.Louis Region, 327 F.Supp.2d 1016E.D.Mo.E.Div.,2004Generally, remittance of a filing fee, although derived from a federal statute and sometimfrom local rules, is not jurisdictional and the clerk should accept a complaint despite tplaintiff's failure to submit a filing fee or to request in forma pauperis (IFP) status. Fed.RulCiv.Proc.Rule 5(e), 28 U.S.C.A.

Gay v. Pines, 835 A.2d 402Pa.Cmwlth.App.,2003Philadelphia prothonotary owed no duty to inmate to docket complaint sent by inmate to cleof quarter sessions that did not reach prothonotary, despite general rule that prothonotary wnot to refuse pleading in compliance with civil rules for filing, so prothonotary had breachno duty to inmate by failing to receive that complaint for filing. Rules Civ.Proc., Rule 20542 Pa.C.S.A.

State ex rel. Nixon v. Weber, 108 S.W.3d 110Mo.App.E.Dist.,2003An appellant is not required to file the notice of appeal in the Court of Appeals-it is the trcourt clerk's duty to transmit the notice filed in the trial court to the Court of AppeaV.A.M.S. § 512.070; V.A.M.R. 81.08.

Neilson v. Lobb Const., Inc., 2003 WL 1908683Cal.App.4.Dist.,2003Court clerk did not have ministerial duty to enter voluntary dismissals of action by husba



and wife against third parties, and thus, cause of action was still pending when husband's ewife filed notice of lien on ex-husband's cause of action based on unpaid money judgment rated to child support such that court lacked jurisdiction to subsequently enter dismissals nu

pro tunc; inclusion by husband and wife in request for dismissals of provision requiring eaparty to bear its own costs and fees was contrary to usual rule allowing defendant to recovcosts after case is voluntarily dismissed, clerk had no knowledge of settlement agreemenerms such that he could not have determined whether provision was consistent with agre

ment, and clerk lacked authority to make legal judgment as to whether provision was legalenforceable. 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 171Tex.App.Waco,2003Being an officer of the court, the trial court clerk is subject to the court's directions and corol in exercising ministerial duties such as filing documents; the clerk receives documents f

filing on behalf of the court. Vernon's Ann.Texas Rules Civ.Proc., Rules 74, 75a.

n re Sleepmaster Finance Corp., 284 B.R. 411Bankr.D.Del.,2002A docket designation of “Entered in Error” is proper only where the pleading was erroneousentered on the docket in the wrong case because, for example, the case number was erroneoor it was docketed in the main case when it should have been docketed in the adversary, where the document actually filed is not what the docket reflects, in which case a correctientry should be noted on the docket.

Howard v. Bouwman, 650 N.W.2d 114Mich.App.,2002Trial court was not entitled to refuse to reinstate automobile accident victims' complaint, thclerk received before expiration of the limitation period, because the court erroneously cocluded that court clerk had the authority to reject a complaint that was missing the case-tycode; although victim was required to assign a case-type code and include the code in the caion of the complaint, court clerk had a ministerial duty to file even those complaints thacked such a case-type code, because at time of filing no court rule or statute gave the coun

clerk the discretion to reject pleadings that failed to conform to the caption requiremenMCR 2.113(C)(1), 8.105(B).

Ratliff v. State, 813 So.2d 773Miss.App.,2002Defendant who pled guilty to offense of sale of a controlled substance was not denied due prcess of law by circuit clerk's error in filing his motion for post-conviction relief; even thoucircuit clerk misplaced defendant's pleadings and they were not found for approximately twyears, defendant mistakenly filed his petition with incorrect court initially, and did not pro

erly file his pleadings with proper court until two months after the three-year statute of limi



ions had expired, and thus, clerk's misfiling of defendant's petition was not prejudicial. WesA.M.C. § 15-1-3.

Ford v. Pedersen, 2002 WL 127371Cal.App.6.Dist.,2002Prisoner was not denied constitutional rights to access to the courts by court clerk's refusal

file prisoner's handwritten complaint against prison and acting warden for personal injurwhere complaint was eventually accepted for filing nunc pro tunc, and action survivwarden's departure.

Cole v. Blum, 637 N.W.2d 606Neb.,2002t is incumbent upon the clerk of the court, in cases in which an application to proceed

forma pauperis is filed, to indicate upon the face of the underlying petition when the petitis received by the court.

Ennis v. Kmart Corp., 33 P.3d 32N.M.App.,2001The clerk does not possess the power to reject a pleading for lack of conformity with form rquirements, and a pleading is considered filed when placed in the possession of the clerk he court.

Pape v. Guadalupe-Blanco River Authority, 48 S.W.3d 908Tex.App.Austin,2001Fact that order appointing special commissioners to eminent domain proceeding and order a

igning cause to county court lacked file stamps did not render river authority's condemnatiproceeding against landowner void, where landowner did not assert that any error or hararose from such omissions.

Blundon v. Taylor, 770 A.2d 658Md.,2001

The clerk of the court has no discretion or initiative whether to file a case and no right make a judicial determination whether or not to make such an entry.

Blundon v. Taylor, 770 A.2d 658Md.,2001The clerk of courts is required to file all papers delivered to him to be filed, but he is not cocerned with the merit of the papers or with their effect and interpretation.

Schultz v. Schwartz, 11 P.3d 530



Kan.App.,2000A clerk of a district court has the duty to file and stamp with the date and time, all documeneceived on the day of receipt. K.S.A. 60-2601(d).

Slater v. Spence, 540 S.E.2d 638Ga.App.,2000

Clerk of court was authorized to collect five dollar fee for alternative dispute resolution prgram in addition to statutory filing fee, and thus clerk was justified in refusing to file personnjury 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 638Ga.App.,2000t is the responsibility of the plaintiff and his counsel to see that the appropriate fees are pan a timely manner, and the clerk may justifiably refuse to file a complaint until the prop

fees have been paid.

Rhoades v. Harris, 735 N.E.2d 6Ohio.App.1.Dist.Hamilton.Co.,1999Clerk, as a ministerial officer of the court, has a duty by law to accept and file documenendered to him or her.

Rhoades v. Harris, 735 N.E.2d 6Ohio.App.1.Dist.Hamilton.Co.,1999Clerk received personal injury complaint before expiration of applicable statute of limitatioand exercised control over filing by refusing to accept it because 23 cents postage was dand, thus, complaint would be deemed to be timely filed; clerk had a duty to accept filiwhen it was tendered and refusal to do so prevented complaint, which was accompanied byarge deposit that was more than adequate to cover outstanding postage, from being fil

within the applicable statute of limitations. R.C. § 2305.10(A) (1999).

Maginn v. City of Glendale, 85 Cal.Rptr.2d 639Cal.App.2.Dist.,1999Upon the filing of the complaint and payment of fees, the superior court clerk's issuance

ummons 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 601Cal.App.2.Dist.,1998Local Superior Court may not condition the filing of a complaint on local rule requiremennstead, so long as a complaint complies with state requirements, the clerk has a minister



duty to file. West's Ann.Cal.C.C.P. § 575.2; West's Ann.Cal.Gov.Code § 68070(a); Cal.Rulof Court, Rule 201(i) (1997).

Carlson v. State of California Department of Fish & Game, 80 Cal.Rptr.2d 601Cal.App.2.Dist.,1998Clerk of court for local Superior Court did not have authority to reject filing of complaint th

complied with state requirements, though complaint did not include Certificate of Assignmeequired by local rule. West's Ann.Cal.C.C.P. § 575.2; West's Ann.Cal.Gov.Code § 68070(

Cal.Rules of Court, Rule 201(i).

Carlson v. State of California Department of Fish & Game, 80 Cal.Rptr.2d 601Cal.App.2.Dist.,1998Clerk of court for local Superior Court had no implied power to reject filing of complaint thcomplied with state requirements, though complaint did not include Certificate of Assignmeequired 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 882Cal.App.2.Dist.,1998Act of filing a timely notice of appeal is a ministerial duty of the superior court clerCal.Rules of Court, Rule 31(a).

People v. Funches, 78 Cal.Rptr.2d 882Cal.App.2.Dist.,1998Clerk of superior court had duty not to file notice of appeal that was received more than years after time for taking appeal had expired; strict duty imposed by law on clerk was mark notice as “received” on date but “not filed.” Cal.Rules of Court, Rule 31(a).

Gorod v. Tabachnick, 696 N.E.2d 547Mass.,1998Clerks and registers, whether elected or appointed, are ministerial officers of court whencomes to receiving and filing papers, and in the absence of an order from a judge, they m

not refuse to accept a notice of appeal, even if they believe that no appeal is available or thnotice is untimely or otherwise defective.

Cable v. Hatfield, 505 S.E.2d 701W.Va.,1998The circuit clerk is required to file a complaint when the statutory filing fee has beendered. Code, 59-1-11(a).

Cable v. Hatfield, 505 S.E.2d 701



W.Va.,1998When a complaint lists multiple plaintiffs, complies with the West Virginia Rules of CivProcedure, and is accompanied by the $75 statutory filing fee, the circuit clerk must file tcomplaint upon receipt; once such a complaint has been filed, the circuit judge to whom tcase has been assigned must determine whether the requirements, if any, that have been aministratively established by the chief judge of that circuit are met such that additional filifees should be assessed. Code, 59-1-11(a); Rules Civ.Proc., Rule 20(a).

Com. v. Richards, 691 N.E.2d 991Mass.App.,1998Clerk of court should not refuse to file notice of appeal in absence of court order so directing

Com. v. Richards, 691 N.E.2d 991Mass.App.,1998Clerk of court should accept for filing defendant's notice of appeal from order on motion fevision or revocation of sentence unless there is motion for postconviction relief on fi

Rules Crim.Proc., Rules 29, 30, 43C M.G.L.A.

Tanner v. State, 744 So.2d 1017Fla.App.4.Dist.,1997Clerks of circuit courts in fourth district may not refuse to accept papers for filing merely bcause 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 959N.Y.Sup.,1997Where transcript is requested by judge and thereafter placed in court file, transcript becompaper or record accessible to parties, and upon request, it is duty of clerk of court to prepaappropriate transcript or certificate upon payment of appropriate fee. McKinney's JudiciaLaw §§ 255, 299.

Busch v. Atkinson, 925 P.2d 874

Mont.,1996Under procedural rule, upon filing of complaint, clerk of court's duty, without a request froanyone, is to issue the summons and to deliver it for service; no discretion is allowed. RulCiv.Proc., Rule 4, subd. C(1).

Busch v. Atkinson, 925 P.2d 874Mont.,1996Procedural rule dealing with service of process would be amended to remove from the clerkcourt the responsibility for insuring issuance of the summons and delivering the same to t



process server by placing that responsibility squarely on the back of the party who will suffhe 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 1364Haw.,1996

As long as documents in question are tendered within time period prescribed by SupremCourt rules, clerks of court must file them; enforcement of rules promulgated by SupremCourt is role more properly suited to judicial officers, and Supreme Court wishes to avoid iustices associated with documents submitted by attorneys and pro se parties that, f

whatever reasons, are never filed.

Stokes v. Aberdeen Ins. Co., 917 S.W.2d 267Tex.,1996Clerk is officer of court subject to court's direction and control in exercising ministerial duti

uch as filing documents. Vernon's Ann.Texas Rules Civ.Proc., Rule 5; Rules App.Proc., Ru4(b).

Bushert v. Hughes, 912 P.2d 334Okla.,1996Orders memorializing matters taken under advisement shall be filed in county clerk's offimmediately after trial judge's signature is fixed, and court clerk shall “promptly” (1) m

copy of file-stamped original order to parties of record, and (2) prepare and place on file

quired certificate of mailing. 12 Okl.St.Ann. § 696.2, subds. A, B.

Sullivan v. Eighth Judicial Dist. Court In and For County of Clark, 904 P.2d 1039Nev.,1995When document of proper form is submitted to clerk of district court, clerk has ministerduty to file that document; clerk has no discretion to make any judicial ruling regarding leg

ufficiency of document.

Sullivan v. Eighth Judicial Dist. Court In and For County of Clark, 904 P.2d 1039Nev.,1995Clerk of district court was required to file application for leave to proceed in forma paupehat was in proper form and was sworn to under penalty of perjury, even though docume

was entitled “application” rather than “affidavit,” as set forth in statute. N.R.S. 12.015, sub1.

Sullivan v. Eighth Judicial Dist. Court In and For County of Clark, 904 P.2d 1039Nev.,1995



Clerk of district court had duty to maintain copy of civil complaint received at courthouseconjunction with application for leave to proceed in forma pauperis, whether or not complawas ever filed.

Sullivan v. Eighth Judicial Dist. Court In and For County of Clark, 904 P.2d 1039Nev.,1995

Clerk of district court has responsibility to keep accurate record of all documents submittedher, whether or not they are filed.

McClellon v. Lone Star Gas Co., 66 F.3d 98C.A.5.Tex.,1995Clerk of court had duty to accept pro se discrimination complaint as filed, even though it wdevoid 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 98C.A.5.Tex.,1995n absence of specific instructions from judicial officer, clerk of court lacks authority to refu

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 948Okla.,1995Duty of clerk to furnish necessary personnel to judges of a district includes duty, upon requeof judge, to furnish deputy court clerks that are equipped with tools and supplies that are rquired to carry out orderly and efficient operation of court; this duty includes duty to assudges in filling out court documents and forms when necessary to efficient administration ustice.

Helms v. Boyle, 637 A.2d 630Pa.Super.,1994Prothonotary was without power to enter default judgment upon defendant's failure to compwith discovery order and such default judgment was therefore nullity, notwithstanding fa

hat Superior Court's order authorized entry of default judgment upon filing of plaintiff's pracipe if defendant failed to comply with discovery order for production of documents. RulCiv.Proc., Rules 227.4, 4009, 4019, 42 Pa.C.S.A.

Callahan v. Com., 625 N.E.2d 547Mass.,1994n absence of order from judge, superior court clerk should not have refused to docket defen

ant's notice of appeal from denial of his motion to revise or revoke his amended sentencclerk acts as ministerial officer of courts who is subject to direction of courts in performan



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 1298Fla.App.4.Dist.,1993Clerk of circuit court has ministerial duty to receive and file notices of appeal, and any corary directive from chief judge issued without due process is invalid exercise of powe

U.S.C.A. Const.Amends. 5, 14.

West Virginia Dept. of Health and Human Resources v. Hess, 432 S.E.2d 27W.Va.,1993Where state is required to pay filing fee, circuit clerk is required to certify to auditor amouof filing fee due. Code, 59-1-15.

White v. Katz, 619 A.2d 683

N.J.Super.App.,1993Court clerk's filing of papers is ministerial rather than discretionary act; clerk is required file all papers presented to him if accompanied by appropriate materials. R. 1:5-6(c).

White v. Katz, 619 A.2d 683N.J.Super.App.,1993Court clerk's act of returning dental malpractice complaint which he deemed to be noncoforming and unacceptable because complaint had not been prepared or signed by forum attney was erroneous; clerk should have filed original complaint forwarded by plaintifPennsylvania-based attorney and after noticing that attorney was not licensed to practice forum, clerk should have informed him of problem and allowed it to be corrected without afecting already established filing date of plaintiffs' claims and if upon notification of thproblem, it was not corrected, then plaintiffs could, and should, properly have been subjecto 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 5Tex.App.Dallas,1992

Clerk has no duty to advise defendant in forcible detainer action of necessity of filing writtanswer until appeal from justice court has been perfected and transcript received in councourt. Vernon's Ann.Texas Rules Civ.Proc., Rule 751.

Donoho v. Eighth Judicial Dist. Court In and For County of Clark, 842 P.2d 731Nev.,1992f district court clerk received petitioner's proper person motions and documents, clerk had aolute duty to file motion for leave to proceed in forma pauperis and to clearly stamp the da

of receipt of other documents on them.



Northwest Farm Credit Services v. Lund, 841 P.2d 490Mont.,1992Clerk of Court had no duty to inform farmer, who attempted to file answer to foreclosure swithout filing fee, of necessity of filing affidavit before proceeding in forma pauperis. MC25-10-404.

Director of Finance of Baltimore City v. Harris, 602 A.2d 191Md.Spec.App.,1992Except as otherwise provided by law, clerk of court has no discretion and no right to make jdicial determination of whether paper complies with civil rules or ought to be filed.

Director of Finance of Baltimore City v. Harris, 602 A.2d 191Md.Spec.App.,1992So long as paper is properly presented, clerk of court must accept and file it, even if it is suect to being stricken by court on grounds that it was not timely presented or it suffered froome other deficiency, except that clerk may not accept paper that lacks admission or waiv

of service or certificate showing date and manner of service. Md.Rule 1-323.

Director of Finance of Baltimore City v. Harris, 602 A.2d 191Md.Spec.App.,1992f certificate showing date and manner of service is attached to paper, clerk must file papeaving it then to parties or court to deal with any deficiency. Md.Rule 1-323.

Director of Finance of Baltimore City v. Harris, 602 A.2d 191Md.Spec.App.,1992Clerk of court improperly refused to accept and file motion to vacate order of default, whepaper contained certificate of service showing date and manner of delivering paper, evenmovant had failed to comply with rule regarding service on opposite party. Md.Rules 1-321-323.

Director of Finance of Baltimore City v. Harris, 602 A.2d 191Md.Spec.App.,1992Clerk of court's error in refusing to accept and file motion constituted failure of clerk to peform duty required by statute or rule, thereby invoking court's revisory power. Code, Couand Judicial Proceedings, § 6-408.

Kollin v. Ader, 591 So.2d 320Fla.App.3.Dist.,1991Court clerk is required to accept all motions tendered for filing in circuit court criminal cas



with or without accompanying notices of hearing.

Bing Const. Co. of Nevada v. Nevada Dept. of Taxation, 817 P.2d 710Nev.,1991Statute providing that no civil case may be filed in district court unless initial pleading is acompanied by form (civil coversheet) signed by initiating party or his representative is not ju

sdictional in nature; thus, when district court clerk receives initial pleading in any civil actiand there is no coversheet the appropriate procedure is to stamp pleading with date on whichs received, retain pleading, and inform party submitting pleading that it cannot be fil

without civil coversheet, and date of receipt by clerk must be considered date of “filing ” fall purposes. N.R.S. 3.275, subd. 1, 233B.130, subd. 2(c).See publication Words and Phrasfor other judicial constructions and definitions.

Craine v. Eighth Judicial Dist. Court In and For County of Clark, 816 P.2d 451Nev.,1991f party submitting notice of appeal in proper person is represented by counsel, clerk muransmit file-stamped copies of notice of appeal and associated documents to party's couns

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 451Nev.,1991Clerk of district court had absolute duty to file notice of appeal mailed by defendant who hpetitioned for postconviction relief in proper person on date that notice of appeal was r

ceived, and acted improperly by refusing to file document and returning unfiled notice of apeal to defendant pursuant to rule providing for forwarding to counsel of paper delivered clerk by defendant who has counsel of record, and mandamus would issue directing clerk district court to transmit to clerk of Supreme Court record of postconviction proceeding alowith copy of correspondence to defendant, since clerk apparently no longer had copy of notiof appeal submitted for filing.

Glauner v. State, 813 P.2d 1001Nev.,1991

Clerk of court has ministerial duty to file legal documents submitted so long as those docments appear to be in proper form; clerk has no discretion to check substance of documenand decide which ones will be filed.

Collins v. Taylor, 579 So.2d 332Fla.App.1.Dist.,1991Clerk of circuit court had ministerial duty to accept inmates' name-change petitions for filindespite his belief that judicial name change for religious reasons would be unconstitutionand that, in his position as county auditor, he had to make “judgment call” as to wheth



waiver of filing fees would be lawful cost to county; clerk was without authority to judicialdetermine legal significance of document tendered for filing and merely had ministerial duo accept and file petitions.

Huebner v. State, 810 P.2d 1209Nev.,1991

t is duty of clerk of district court to keep accurate record of date of receipt of every documeubmitted to the clerk, regardless of whether the document is in appropriate form, regardle

of whether it is actually filed, and regardless of whether it is from attorney or individual empting to proceed in proper person.

Mattson v. Kolhage, 569 So.2d 1358Fla.App.3.Dist.,1990Judges' memorandum prohibiting clerk of circuit court from accepting for filing any circcourt civil motion not accompanied by notice of hearing setting motion for hearing with apropriate judge was impermissible limitation on obligation of clerk to file motions in pendicases; clerk was obligated to accept motions presented for filing in pending cases, notwit

tanding judges' stated objective of expediting flow of judicial business.

National Westminster Bank, USA v. State, 562 N.E.2d 866N.Y.,1990Filing of notice of pendency is part of judicial process, and county clerk acts as state officer hat respect, although filing may occur before any suit has commenced.

National Westminster Bank, USA v. State, 562 N.E.2d 866N.Y.,1990County 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 373N.Y.Sup.,1988Entry of judgment is merely pro forma function, which clerk as ministerial officer has no a

hority to prevent by not filing judgment. McKinney's CPLR 5016(c).

Dwyer v. Clerk of Dist. Court for Scott County, 404 N.W.2d 167owa,1987

Clerk of district court is under duty to file and note all documents presented to clerk for filiand it is not clerk's duty or function to rule on validity or legal effect of any document so rceived. I.C.A. § 602.8102, subd. 98.

Bowman v. Eighth Judicial Dist. Court, In and For Clark County, 728 P.2d 433



Nev.,1986Clerk of court has ministerial duty to accept and file documents, she has no authority to paupon validity of instruments presented for filing.

Bowman v. Eighth Judicial Dist. Court, In and For Clark County, 728 P.2d 433Nev.,1986

Power to make decision concerning propriety of any paper submitted, or right of person to fpaper, is vested in court, not clerk.

Bowman v. Eighth Judicial Dist. Court, In and For Clark County, 728 P.2d 433Nev.,1986t is duty of clerk of court to accept for filing any paper presented to her which is in accep

able form under court rules and is accompanied by requisite fee unless she has specific itructions from court to contrary.

Simpson v. Simpson, 697 P.2d 570Or.App.,1985Affidavits of court operations supervisors to effect that trial court clerk would not have indated on register actual date of entry of document into register but would only have indicatdate document was filed with clerk were insufficient to overcome statutory presumption thrial court clerk regularly performed official duty of entering order on date it was filed.

Miller v. Johnson, 541 F.Supp. 1165D.D.C.,1982District court clerk properly refused to file documents in a case that had been dismissed by oders of the district court.

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982Upon filing of plaintiff's complaint, clerk correctly determined amount of fees to include $for prepayment of court costs, one dollar for superior court clerks' retirement fund, $15 fee f

ervice of process by sheriff and additional eight dollars because complaint named two dfendants. Code, §§ 24-2727B, 24-2727B(d), 24-2739.1, 24-2823.

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982Sheriff's fees for service of process are to be collected by clerk at time of filing of complaiCode, § 24-2727B.

Orr v. Culpepper, 288 S.E.2d 898



Ga.App.,1982Statutes making payment of fees a prerequisite to filing complaint are directory, and failurepay these fees will not render complaint invalid. Code, §§ 81A-103, 81A-105(e).

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982

Clerk of court may justifiably refuse to file complaint until proper fees have been paid. Cod§§ 24-2727B, 81A-105(e).

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982There is presumption that entry of filing by clerk of court is correct, but this presumptionebuttable.

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982Although clerk of court had discretion in filing a complaint not accompanied by payment proper fees, clerk did not abuse that discretion by unreasonable delay in rejecting plaintifcomplaint for that reason, and having failed to accompany complaint by payment of propfees before limitation period had run, plaintiff's cause of action for personal injuries wbarred by two-year statute of limitations. Code, §§ 3-1004, 24-2727B, 81A-103, 81A-105(e)

Orr v. Culpepper, 288 S.E.2d 898Ga.App.,1982Since duties of clerk relating to filing of complaints are ministerial in nature, it is beyond hduty or power to concern herself with statute of limitations governing complaint presentedher for filing; rather, it is responsibility of plaintiff and his counsel to see that appropriate feare paid in timely manner.

State v. Grange, 635 P.2d 843Ariz.,1981

Office specifically charged with responsibility for receiving party's pleadings and noting timof filing is clerk of court, and it is only there that party can be certain that his pleadingproperly and timely filed.

Ferlita v. State, 380 So.2d 1118Fla.App.2.Dist.,1980A clerk of court acts in purely ministerial capacity, and has no discretion to pass upon sufciency of documents presented for filing.



Thompson v. Cortese, 398 A.2d 1079Pa.Cmwlth.App.,1979Prothonotary of the court of common pleas is not administrative officer and does not have dcretion to interpret or implement rules and statutes; thus if documents tendered for filing aproper on their face and in conformity to rules of court, a prothonotary does not have discrion to refuse to enter them and mandamus is appropriate remedy to compel him to perfor

his ministerial duty.

Lenderman v. May, 507 S.W.2d 798Tex.Civ.App.Houston.1.Dist.,1974Although same person was district court clerk while she was located in her county clerk's ofice, she had no authority to accept county court's file as district clerk until authorized to do by written order from county judge as provided by rule. Rules of Civil Procedure, rule 336.

Humphrey v. Mauzy, 181 S.E.2d 329W.Va.,1971Clerk of circuit court had no right to demand payment, and trial court had no right to requipayment, of $10 clerk's fee for instituting petitioner's divorce actions before entering divororders in civil order book, where petitioners proceeded in forma pauperis by duly filing propaffidavits 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 874Fla.App.3.Dist.,1970

Acceptance of filing of a complaint is a mere ministerial act, and officer charged with rponsibility of receiving same is required to accept what is tendered to him if it is accompaed by proper fee.

State ex rel. Kaufman v. Sutton, 231 So.2d 874Fla.App.3.Dist.,1970t 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 649owa,1968

Rule providing that all cases wherein petition has been filed more than one year prior to Ju15 of any year shall be for trial at next term commencing after August 15 of that year aclerk shall prior to August 15 give notice to counsel of record that case shall be set for triand subject to dismissal if not tried in next succeeding term imposes a mandatory duty upclerk to give notice by mail or delivery as provided by rule prior to August 15. 58 I.C.A.Ruof Civil Procedure, rule 215.1.



Burnham v. Clerk of First Dist. Court of Essex, 226 N.E.2d 190Mass.,1967Where clerk of district court refused to file motion for new trial and if filed motion wouhave prevented case from going to judgment, clerk could not justify action on ground that cahad gone to judgment nor could decision of judge denying petition for writ of mandamus compel clerk to enter previously tendered papers be justified on that ground.

Malinou v. McElroy, 207 A.2d 44R.I.,1965Duty of clerk of Probate Court to file petition for administration de bonis non was purely misterial.

Malinou v. McElroy, 207 A.2d 44R.I.,1965By refusing to file petition for administration de bonis non because clerk of Probate Court dcided that petitioner was not the public administrator, clerk usurped judicial office and dprived petitioner of judicial determination of claim of title.

Malinou v. McElroy, 207 A.2d 44R.I.,1965Generally, unless otherwise specifically authorized by statute, duty of clerk of court to file ppers presented to him is purely ministerial, and he may not refuse to perform it except up

order of court.

Tippetts-Abbett-McCarthy-Stratton v. State, 212 N.Y.S.2d 247N.Y.Ct.Cl.,1960Court of Claims could turn to clerk for assistance to fill omission in record.

Burns v. State of Ohio, 79 S.Ct. 1164U.S.Ohio,1959

t is the duty of the clerk of the Ohio Supreme Court, in the absence of instruction from tcourt to the contrary, to accept for filing any paper presented to him, provided such papernot scurrilous or obscene, is properly prepared and is accompanied by the requisite filing feSupreme 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 213Tex.Civ.App.Texarkana,1957The matter of sufficiency of appeal bond and its approval is committed to prudence of cler

ubject to supervision under certain circumstances by Court of Civil Appeals, and it is clerk



duty to estimate and fix probable amount of cost, approve or refuse approval and file the bonand in absence of certificate of disapproval, the filing will imply that preceding action hbeen taken. Rules of Civil Procedure, rules 1, 354, 404.

State ex rel. Wanamaker v. Miller, 128 N.E.2d 110Ohio,1955

t is the duty of clerk of Supreme Court, in the absence of instructions from the Court to tcontrary, to accept for filing any paper presented to him, provided such paper is not scurriloor obscene, is properly prepared and is accompanied by the requisite filing fee and the powo make any decision as to the propriety of any paper submitted or as to the right of a persoo file such paper is vested in Supreme Court, not in clerk.

State ex rel. Wanamaker v. Miller, 128 N.E.2d 108Ohio,1955Clerk of Supreme Court is a ministerial officer of the Supreme Court and the Supreme Couhas the power to order him either to file or to refuse to file any matter presented to him andhe event of his refusal to file a paper properly presented to him, Supreme Court may eithemove him or order paper filed by court action, but court inferior to Supreme Court has uch authority.

Haven v. Ward's Estate, 114 A.2d 413Vt.,1955Clerk to whom losing party mailed blank bill of exceptions had no duty to give notice that b

had not been signed and filed, and had no duty to find the absent trial judge and lay bill befohim.

Ginsburg v. Stern, 125 F.Supp. 596W.D.Pa.,1954Supreme Court prothonotary had no discretion with respect to alleged order of chief justicelating to filing or docketing of a proceeding and was obliged to obey the order and manda

of the court.

Touchton v. Echols County, 84 S.E.2d 81Ga.,1954Statute pertaining to duties of clerks of the superior court, and providing for a correct tra

cript, properly certified, of any minute, record, or file in office of clerk, does not contemplahat an incomplete record, or one that does not represent the whole truth, shall be certified he clerk as being the record on file in his office. Code, § 24-2715, subd. 14.

Corey v. Carback, 94 A.2d 629



Md.,1953Clerk of court, being required by statute to file all papers delivered to him to be filed, is nconcerned with the merit of such papers or their effect and interpretation. Code 1951, art. 1§ 1.

Leigh v. Com., 66 S.E.2d 586

Va.,1951The date of filing noted by clerk of court on papers filed in his office is ordinarily conclusiv

Board of Com'rs of Roxboro v. Bumpass, 63 S.E.2d 144N.C.,1951Clerk is not required to search his files to ascertain whether there is some pleading of recowhich might supplement a defective affidavit for service by publication. G.S. §§ 1-9105-391.

Neal v. Haight, 206 P.2d 1197Or.,1949The presumption is that the county clerk, in accordance with official duty and the instructioof the trial judge, caused the form or order bearing certain date and unsigned and filed in tcourt to be entered in the journal of the court. ORS 8.120, 41.360, 205.110.

Neal v. Haight, 206 P.2d 1197Or.,1949Under the statute an order made by trial judge, as distinguished from an order of the coudoes not become effective until it has been filed by the clerk, and, where the trial judge's ordgranting motion for new trial was filed by the clerk, the presumption is that it was also entern the journal. ORS 3.070, 135.480.

Henderson v. Moore, 189 S.W.2d 59Tex.Civ.App.Waco,1945The act of clerk of county court in filing appeal bond in probate matters on appeal to distr

court constitutes performances of a purely ministerial duty. Vernon's Ann.Civ.St. arts. 3693699; Rules of Civil Procedure, rule 332.

Jones v. Bland, 27 S.E.2d 102Ga.App.,1943Clerk of court has duty to sign all processes on all suits filed, even if not signed by petitionand such duty is ministerial solely, and it is beyond duties and powers of clerk to pass on leg

ufficiency of pleadings. Code, §§ 24-2714(3), 81-201, 81-202.



n re Tiernan's Estate, 4 N.W.2d 869owa,1942

The clerk of court's practice of sending to an attorney residing in another county who hentered an appearance or filed pleadings in a case a copy of the bar docket and a list of tcases assigned for trial is not required by statute.

Morthland v. Lincoln Nat. Life Ins. Co., 42 N.E.2d 41nd.,1942

A paper is “filed” with clerk of court when it is delivered to him for that purpose.See publicion Words and Phrases for other judicial constructions and definitions.

Cannon v. Nikles, 151 S.W.2d 472Mo.App.,1941The judge of a court of record has right to write his court record and to accept and enter filiof motions, and clerks are arms of the court and, in the acceptance and filing of motions apleadings, do not act independently of the court, but act under supervision of the judge and fhe 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. 59Pa.Com.Pl.,1939A prothonotary may receive a paper after closing hours and file and enter it on his records tfollowing day as of the day received.

Baker v. Sisk, 1 F.R.D. 232E.D.Okla.,1938Under Oklahoma law, it is not the duty of a clerk of District Court to examine petition filedascertain when the statute of limitations will run and determine therefrom whether it is nec

ary to issue a summons immediately.

Brinson v. Georgia R. Bank & Trust Co., 165 S.E. 321

Ga.App.,1932t is clerk's official duty to file all papers in cause presented by parties, and to indorse corre

date of filing thereon (Civ.Code 1910, §§ 4891, 4892, 6080).

State v. Gillette's Estate, 10 S.W.2d 984Tex.Com.App.,1928That county clerk used superfluous words “at law” in filing probate papers under unconstitional statute held not to render his acts void. Vernon's Ann.Civ.St. arts. 1970-142

1970-152.



Wagner v. Garrett, 269 S.W. 1030Tex.,1925t is mandatory duty of clerk of Court of Civil Appeals, as ministerial officer, to file and fo

ward to Supreme Court, to which addressed, writ of error or any document tendered to hipertaining to appeal in cause pending in that court, whatever his opinion as to SupremCourt's jurisdiction.

Edwards v. Stein, 119 A. 504N.J.Ch.,1923Except in the performance of merely routine duties, such as filing and docketing papers, eolling proceedings and decrees, making certified copies, etc., a clerk in chancery is entitle

for his protection, to a directing order of the court.

People ex rel. Trost v. Bird, 172 N.Y.S. 412N.Y.App.Div.1.Dept.,1918t is the duty of the clerk of the Municipal Court to file a notice of appeal, whether presentn time or not; the question whether the appeal was properly taken being for the Appella

Term on motion to dismiss.

Cooney v. Isaacks, 173 S.W. 901Tex.Civ.App.El.Paso,1915Court held to have no right to interfere with its clerk's statutory duty to file papers, and und

Rev.St. art. 2118, to docket all motions.

Davis v. State, 167 S.W. 1108Tex.Crim.App.,1914The 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. 1035La.,1911

The statute (1 Rev.Laws 1904, p. 936, § 2) requiring the clerk of the district court to filecourt, within ten days of the taking of same, a transcript of the testimony reported, is imperve, 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. 707Tex.Civ.App.,1911A clerk of a court must indorse the correct file mark on all papers filed with him.

Stevenson v. Stunkard, 90 N.E. 106



nd.App.2.Div.,1909The caption of the complaint was: “State of Indiana, County of V. In the Superior Court of County.” Immediately following the caption and names of the parties was the memorandum he clerk of the V. circuit court, who was, by statute, ex officio clerk of the V. superior cou

“Be it remembered that plaintiff by his attorneys filed in the office of the clerk of the V. Ccuit Court the following complaint.” All of the record entries were signed by the judge of tV. superior court, and the clerk's certificate is signed by the ex officio clerk of the V. super

court, and sealed with the seal of that court. Held, that the statement in the clerk's memoandum that the complaint was filed in the V. circuit court was a palpable clerical error, awas not reversible.

State ex rel. Soller v. Brown, 18 Ohio C.D. 615Ohio.Cir.,1906Where a court has ordered a party to an action then pending to deliver to the clerk of the coa good and sufficient warranty deed to certain property, and has directed the clerk to pay ov

o the said party the purchase price of the property in question, then in the hands of the cleruch party may not, by suit in mandamus, compel the clerk to comply with the order on hender of a deed, where a dispute arises as to the sufficiency of the deed under the order. H

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. 415Ohio.Com.Pl.,1905Under Rev.St. §§ 1245, 1260, 5034 (See Gen.Code, §§ 2874, 2900, 2901, 11281) it is clerkcourt's mandatory duty to file, docket, and issue summons on a petition, and he is without d

cretion to require prepayment of his statutory fees as a condition precedent to performancehis duty; the words “when rendered” in section 1260 (See Gen.Code, §§ 2900, 2901) prescring clerk's fees for services when rendered not being construable to mean before fee rendere

Gustavenson v. State, 68 P. 1006Wyo.,1902Although it is the duty of the Clerk of the District Court to attach the seal of court to all i

truments signed in his official capacity, his failure to attach the same to a jurat certifyinghe verification of a criminal information filed in such court does not render the verificati

void, where, at least, the legality of the defendant's arrest is not in issue under section four he bill of rights.

Warner v. Texas & P. Ry. Co., 54 F. 920C.A.5.Tex.,1893Where a clerk prepares a writ of error, bond, and citation, and sends them to the judge, wh

igns them without inserting the date of his signature, the clerk has no authority, on the retuof the papers, to erase the dates originally written therein, and insert the date of the actu

igning; nor has he any authority to change the file marks on papers filed by him; but it wou



not be improper to add a memorandum, signed by him officially, of any facts which, as him, might be or become material.

Steeg v. Walls, 30 N.E. 312nd.App.,1892n order that error in the giving and refusing of instructions may be considered on appeal, t

nstructions must have been brought into the record by bill of exceptions, or it must affirmavely appear that they were filed; and an indorsement by the clerk of the file-mark on them

not sufficient to show filing, but the filing must have been minuted in the court docket, and made to appear as part of the court proceedings in the order-book.

Martin v. Porter, 51 Tenn. 407Tenn.,1871A deputy clerk of a County Court has power to administer oaths, and may swear a party to answer to be filed in the court of which his principal is clerk.

Oliphant v. Dallas, 15 Tex. 138Tex.,1855Hart.Dig. art. 185, makes it the duty of the coroner to execute and return all processes, whehe sheriff is a party, or where just exceptions can be taken to the sheriff or his deputies,

where there is no sheriff. Article 186 requires the clerk to direct process to the coroner in acases where affidavit is filed of the partiality, etc., of the sheriff. Held, that where the shers a party, or where there is no sheriff, the clerk may act on his own knowledge in issuing pr

cess.

McFarlan v. People, 13 Ill. 9ll.,1851

Where a clerk fails to indorse on a recognizance the time of the filing of same in the court, may make the indorsement at a subsequent term.

Wooster v. McGee, 1 Tex. 17

Tex.,1846t is the official duty of the clerk of a district court to file all the papers in a cause present

by the parties, and to mark them “Filed,” with the date of filing.

Maxcy v. Clabaugh, 1 Gilman 26ll.,1844

A deed made by the successor of the clerk of the county commissioners' court to correctmistake in a conveyance by his predecessor, which set forth that the records and papers on fn his office showed the mistake, and that the subsequent deed was made for the purpose



correcting such error, was held properly admissible in evidence.

References


END OF DOCUMENT




Bundren v. State, 70 S.W. 368


79k68k. Disqualification to act.Tenn.,1902After the expiration of his term of office, a clerk of the circuit court or trial court has no powo file or indorse as filed a bill of exceptions, and such an act by him is wholly unwarrant

and illegal and will not permit the consideration of a bill of exceptions, so styled in the recorupon an appeal to this court.

Lewis v. Hutchison, 16 S.W. 654Tex.Ct.App.,1890Where the clerk of the county court is one of the defendants, and files the petition and issuhe citation, the latter should be set aside on motion of his codefendant, though the clerk h

entered into a stipulation that no advantage will be taken of the failure to appoint a clerk pem., under Gen.Laws 20th Leg.Reg.Sess. p. 102, c. 109, § 1, providing that, in all cas

wherein the clerk is a party, a clerk pro tem. shall be appointed for the purposes of the suit.

References


END OF DOCUMENT




Russell v. Morrell, 91 So.3d 533

79CLERKS OF COURTS

79k 69k. Custody and care of records.La.App.4.Cir.,2012Although relator was entitled to obtain a copy of his Boykin transcripts via a public records rquest whether or not the time limitation for filing an application for postconviction relpassed, clerk of criminal district court was not the custodian of such transcripts, and, thus, rator could not obtain mandamus relief compelling clerk of criminal court to release the tracripts; relator was required to contact the district court division wherein the proceeding to

place. LSA-C.C.P. arts. 3861, 3862; LSA-Const. Art. 12, § 3; LSA-R.S. 13:1373(B)(3), 44:3

LSA-C.Cr.P. art. 843.

Speight v. Presley, 203 P.3d 173Okla.,2008The responsibility for maintaining traffic files lies with the judge or magistrate of the couand the court clerk maintains those files for and at the direction of the judges. 47 Okl.St.An§ 18-101.

Scott v. State, 883 N.E.2d 147nd.App.,2008

Clerks of superior and circuit courts in Indiana are the legal custodians of all documents filn those courts.

Minasian v. State, 967 So.2d 454Fla.App.4.Dist.,2007The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the rcords contained in its files unless the records are legally exempt from disclosure.

State v. Muse, 721 N.W.2d 661Neb.App.,2006t is the duty of the clerk of each of the courts to file together and carefully preserve in his o

fice all papers delivered to him for that purpose in every action or special proceedinNeb.Rev.Stat. § 25-2205.

Glenney v. Forman, 936 So.2d 660



Fla.App.4.Dist.,2006Clerk of Circuit Court, who opened court file that mistakenly listed victim of domestic vioence as criminal defendant in domestic violence case, thereby subjecting victim to arrest ancarceration, owed special duty to victim to act non-negligently once clerk's office becam

aware of mistake in naming victim as defendant but failed to correct mistake; at first arraigment, victim and prosecutor explained to Circuit Court that victim was not criminal defenda

Radford v. Brock, 914 So.2d 1066Fla.App.2.Dist.,2005The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the rcords contained in its files unless the records are legally exempt from disclosure. WesF.S.A. §§ 28.13, 119.01(1, 3), 119.011(1, 2).

Trahant v. Perez, 843 So.2d 479La.App.4.Cir.,2003Attorney who has filed and stamped copy of document from clerk of court's office should able to rely on such document being present in record, for purposes of hearing at trial couevel.

American Financial Corp. of Tampa v. City of Rochester, 2002 N.Y. Slip Op. 50219(U)N.Y.Sup.,2002t should be the practice of clerk of court to inquire of the sender if a cover letter directs t

filing of nonexistent documents.

n re Strickhausen, 994 S.W.2d 936Tex.App.Houston.1.Dist.,1999Clerk of the appellate court is statutorily required to file and preserve the certified recordsan appeal, and a defendant, his agent, or anyone else would be entitled to view those recorat the court. V.T.C.A., Government Code § 51.204(a)(1).

Granado v. Sentry Ins., 599 N.W.2d 62

Wis.App.,1999Personal injury summons and complaint that were hand delivered to clerk of circuit court his home several hours after his office had closed on last day of limitations period were n“properly deposited” with the clerk, for purposes of statutory requirement that a paper properly deposited before the clerk can file it; although delivery was arranged by clerk, time and place of presenting the papers exceeded legislative guidelines. W.S.

59.40(2)(a).See publication Words and Phrases for other judicial constructions and definions.



Granado v. Sentry Ins., 599 N.W.2d 62Wis.App.,1999Statute requiring that a paper be “properly deposited” before a clerk of circuit court may filedoes not confine the clerk to accept papers only during usual business hours set by the counboard. W.S.A. 59.40(2).

Granado v. Sentry Ins., 599 N.W.2d 62Wis.App.,1999Term “properly deposited,” in statute requiring a clerk of circuit court to file and keep all ppers properly deposited with him or her in every action or proceeding, means something mohan mere deposit of a pleading; adverb “properly” carries a connotation of complying w

formality or correctness. W.S.A. 59.40(2)(a).See publication Words and Phrases for other jdicial constructions and definitions.

Granado v. Sentry Ins., 599 N.W.2d 62Wis.App.,1999What is “proper,” for purposes of statute requiring the clerk of circuit court to file and keep papers properly deposited with him or her in every action or proceeding, will vary from cao case depending upon the circumstances. W.S.A. 59.40(2)(a).

Granado v. Sentry Ins., 599 N.W.2d 62Wis.App.,1999“Properly deposited,” within statute requiring a clerk of circuit court to file and keep all p

pers properly deposited with him or her in every action or proceeding, means that the furthemoved from an office's legislative guidelines and usual business hours a transaction occuhe less likely it is that the papers have been properly deposited. W.S.A. 59.40(2)(a).See puication Words and Phrases for other judicial constructions and definitions.

Granado v. Sentry Ins., 599 N.W.2d 62Wis.App.,1999Papers deposited with the clerk during usual business hours and at the county provided offiare “properly deposited” for purposes of the time and place of filing. W.S.A. 59.40(2)(a).S

publication Words and Phrases for other judicial constructions and definitions.

Tanner v. State, 744 So.2d 1017Fla.App.4.Dist.,1997File numbers are merely administrative convenience for clerk of circuit court but are not stutory 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



Tex.App.Texarkana,1996nstrument is deemed as filed with proper clerk of appellate court once it is received by cler

agent.

Whisenant v. Fulton Federal Sav. & Loan Ass'n, 390 S.E.2d 100Ga.App.,1990

Once deposition was filed with clerk of court, it was responsibility of clerk to be sure depotions were placed with appropriate record.

Moser v. Thorp Sales Corp., 256 N.W.2d 900owa,1977

When petition affecting real estate is filed, it is the duty of the district court clerk to index ithe 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 7Wis.,1973Where petitioner, on April 22, 1971, received notice and a copy of administrative orders dmissing racial discrimination complaint, where, on May 17, 1971, five days before expiratiof period to perfect review, court clerk received petition to review the orders and $8 for filifees, but where clerk kept the petition until June 1, 1971, when he informed petitioner that tpetition would not be filed because filing fee was $11, clerk abused his discretion in perming the review period to expire before notifying petitioner that he would not file the petitio

and, under these facts, the petition was “in legal contemplation” filed within statutory perioW.S.A. 59.43, 227.16(1), 271.21(1).

Hamilton v. Department of Industry, Labor and Human Relations, 203 N.W.2d 7Wis.,1973Duties of court clerk include the obligation to file all papers properly before him. W.S.59.39, 59.395.

Hamilton v. Department of Industry, Labor and Human Relations, 203 N.W.2d 7Wis.,1973Under statute providing that court clerk may refuse to accept any paper for filing until the apropriate fees are paid, use of the word “may” gives the clerk discretion to accept and file ppers without the payment of the filing fee; he may “extend credit” but he is not obliged to

o and, when he does, it is at his own risk. W.S.A. 59.43.

State v. Couture, 205 A.2d 387Conn.Cir.App.Div.,1964



Clerk of circuit court could not perfect record of judgment of defunct town court by compleng judgment file, and copy of record so completed could not serve as basis for finding pri

conviction. C.G.S.A. §§ 51-52, 51-273.

n re Reports of Auditors of Warren County, 43 Erie C.L.J. 41Pa.Com.Pl.,1960Preliminary objections in the nature of a demurrer to a petition to strike off the judgments

he auditors' reports with respect to the office of the prothonotary where it is averred that tauditors failed to file a detailed account of the items of income and expenditure in the prothnotary's office and that the accounts revealed many improper items of expense will be dimissed because the egregious conduct of the prothonotary, if substantiated by proofs, justifiand requires further inquiry.

Poole v. Whitman, 83 So.2d 641La.,1955Where defendants had been granted suspensive appeals to the Court of Appeal, and clerk Court of Appeal had refused to file transcripts on ground that defendants had not paid the fng fees, but defendants claimed that they were public officials and exempt from filing fee r

quirement, district judge had lost jurisdiction of case at time appeals were perfected, and cleof Court of Appeal could not return transcripts without matter being presented to Court of Apeal for decision of question whether defendants were required by law to pay the fee. LSAR.S. 3:2851 and note to 3:2859.

State v. Brubaker, 177 S.W.2d 623

Mo.,1944The clerk of the circuit court must make some record of the filing of a paper when it is preseed 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. 685Haw.Terr.,1938Merely 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 924Ohio.App.3.Dist.Crawford.Co.,1937Under the statute providing that a court clerk shall file together and carefully preserve in hoffice all papers delivered to him for that purpose in every action or proceeding, it was clerduty, when bill of exceptions was filed with him, to carefully preserve the bill in his offiand not to permit it to be withdrawn or removed therefrom, so that the bill would be availabfor the purposes prescribed in the statutes relating to the duties of the clerk and the trial judn reference to such bill. Gen.Code, §§ 2875, 11565, 11566.



Delco Ice Mfg. Co. v. Frick Co., 178 A. 135Pa.,1935Prothonotaries are public officers upon whom many duties may be imposed by Legislatuand they may have control of documents similar to those filed with recorder of deeds, bwhen paper is directed to be filed in prothonotary's office, act may give record a quasi judiccharacter. 17 P.S. §§ 1483, 1901 et seq.

Davis v. State, 167 S.W. 1108Tex.Crim.App.,1914The 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. 1081nd.,1907

Clerks of the circuit and superior courts are the custodians of all records of those courts apapers filed therein.

n re New Iberia Cotton Mills Co., 37 So. 8La.,1904Acts 1898, p. 315, No. 159, § 8, LSA-R.S. 12:759, requiring the clerk of court to enter in torder book notice of the filing of every petition, motion, etc., has no application to appeawhich are matters of constitutional right.

Stolz v. Selz, 12 Ohio Dec. 664Ohio.Com.Pl.,1900t is one of the duties attaching to the office of clerk to keep not only the papers filed duri

his term of office but the accumulated records and pleadings of former cases which have beransferred to him by his predecessor and to keep them in such order and accessibility as

possible with his accommodations therefor.

Stolz v. Selz, 12 Ohio Dec. 664Ohio.Com.Pl.,1900

t was the province of the court and not of the county commissioners to provide for the ovehauling and rearrangement of files in the office of the clerk.

Keefer v. Myers, 52 N.E. 125Ohio,1898When a printed record has been filed with the clerk of the supreme court for the purpose complying with Rev.St. § 6711 (See Gen.Code, §§ 12223-32, 12223-33) that “so much of tecord to be reviewed as will show the error complained of shall be printed,” the court w

not, on motion of defendant in error, enter upon a consideration of the merits of the case to dermine whether enough of the record has been printed, for a failure in that regard can in n



event operate to his prejudice.

Van Duzee v. U.S., 73 F. 794N.D.Iowa.E.Div.,1896All applications in criminal cases for summoning witnesses, copies of indictments, or othmatters in which the action of the clerk is involved, should be made to appear, with the acti

hereon, on the records, or among the files of the court.

Hackfeld v. Ing Choi, 5 Haw. 9Haw.King.,1883When a paper is presented for filing in the absence of the clerk of court, it should be takenhe deputy clerk, or left on the desk of the clerk, and his attention called to it seasonably; anf it is lost meanwhile, it is at the risk of the person leaving it.

Roseboro v. Thompson, 1 White & W. 15Tex.Ct.App.,1877

After a motion for new trial has been filed by the clerk, that officer is responsible that it properly entered on the motion docket, and the rights of parties cannot be prejudiced by hpermission to the attorney filing it to take it from his office.

McDonald v. Crusen, 2 Or. 258Or.,1868Where county clerk placed paper offered for filing among the files of the case with a date

uch reception and his name endorsed thereon, there was a good filing, and the clerk was nauthorized to place thereon any endorsements, such as not filed for want of funds.

References


END OF DOCUMENT




n re Rothfeld, 174 N.Y.S.2d 987

79CLERKS OF COURTS

79k 71k. Summary remedies to compel action.N.Y.Sup.,1958Where, in proceeding on application to compel clerk of Supreme Court, Appellate Term, file all papers on file in Municipal Court relating to a particular appeal or to show cause wan attachment should not issue against the clerk's person, no testimony had been taken, settment of case was not required, appeal was from both judgment and intermediate orders, peioner failed to point to law or court rule violation warranting the drastic remedy, and movi

affidavit had been made by petitioner's attorney who was not the aggrieved party, applicati

was fatally defective. Rules of Civil Practice, rule 6; Appellate Term Rules, 2d Dept., rule New York City Municipal Court Code, § 161, subds. 1, 2; Municipal Court of New York CRules, rule 13.

n re Rothfeld, 174 N.Y.S.2d 987N.Y.Sup.,1958Where, in proceeding to compel clerk of the Supreme Court, Appellate Term, to file papers file in the Municipal Court or to show cause why an attachment should not issue against tclerk's person, applicant disclaimed that he was proceeding under the Civil Practice Act1283 et seq., cross-motion, which sought dismissal of petition for legal insufficiency on a

umption that the proceeding was one pursuant to the Civil Practice Act, § 1283 et seq., woube denied as academic. Rules of Civil Practice, rule 6.

Swift v. Swift, 11 S.E.2d 660Ga.,1940Where deputy clerk made entry of filing attacked by traverse, deputy was not merely“proper party” but was a “necessary party” to traverse proceeding. Code 1933, §§ 24-271

81-214.See publication Words and Phrases for other judicial constructions and definitions.

Shackelford v. New York Underwriters Ins. Co., 198 So. 31Miss.,1940The only way in which a clerk of court can be controlled by a party litigant with respect clerk's duty under statute to issue process immediately upon filing of a declaration in circcourt is through a process of the court. Code 1930, § 520.

State ex rel. Millikan v. Cook, 180 N.E. 896



Ohio,1932Clerk could not be compelled by mandamus to file suits under Unknown Depositors Law; labeing invalid, because uncertain, contradictory, unjust, and unenforceable. Gen.Code, 9864-9872 (repealed 1947).

State ex rel. Millikan v. Cook, 180 N.E. 554

Ohio.App.8.Dist.Cuyahoga.Co.,1931Citizen could not rightly maintain suits to recover statutory penalties for violating regulatioegarding unknown depositors, and hence was not entitled to mandamus to compel clerk

file suits. Gen.Code, §§ 9864-9872 (repealed 1947).

State ex rel. Millikan v. Cook, 180 N.E. 554Ohio.App.8.Dist.Cuyahoga.Co.,1931Citizen held not entitled to mandamus to compel clerk to file citizen's suits to recover stutory penalties for violation of provisions regarding unknown depositors, either with without prepayment of costs. Gen.Code, §§ 9864-9872 (repealed 1947).

Prudential Ins. Co. of America v. Hart, 218 N.W. 529owa,1928n summary proceeding against clerk of court for recovery of money, filing answer casts

greater burden on plaintiff (Code 1924, § 11608).

State ex rel. Doerfler v. Haserodt, 13 Ohio App. 305Ohio.App.8.Dist.Cuyahoga.Co.,1920Mandamus will not lie against the clerk of the common pleas to require him to issue commment papers and ignore a judgment of the common pleas granting a new trial, even thoumotion therefor was not filed within the statutory time; the appropriate remedy being againhe trial judge to procure an annulment of the order granting a new trial.

Wolf v. Mulcrevy, 169 P. 259Cal.App.1.Dist.,1917

Sole right which petitioner for probate of estate of decedent has is to have petition filed in sperior court, and, if clerk fails to file it properly, petitioner has remedy in superior court application there to have paper filed, numbered, and indexed as it ought to be.

State v. Shaw, 1 N.E. 753Ohio,1885When a proper affidavit has been filed under Rev.St. § 550 (See Gen.Code, § 1687) providifor change of venue, should the clerk refuse to act as required by that section, he may be copelled so to act by proceedings in mandamus.



References


END OF DOCUMENT




T. Jackson Lyons & Associates, P.A. v. Precious T. Martin, Sr. & Associates, PLLC, 83 So.

128479CLERKS OF COURTS

79k 72k. Liabilities for negligence or misconduct.Miss.,2012Circuit Court clerk was liable to law firm for an amount sufficient to compensate it for teasonable attorney fees and related costs incurred as a result of clerk's failure to properransmit the appellate record to the Supreme Court, to be paid by clerk personally, and not

whole or in part with public funds; testimony and circuit court findings indicated frequeystemic errors were occurring in the clerk's office directly caused by her failure to proper

rain employees in her office, that those errors caused law firm to incur unnecessary expenand effort in attempting to persuade the clerk to transmit the designated record, and clerk's ors delayed appeal filed by law firm. Rules App.Proc., Rule 10, 11(d)(1)(2).

Wicks v. Lycoming County, 456 Fed.Appx. 112C.A.3.Pa.,2012Litigants failed to establish that county prothonotary's loss of their civil case files was in raliation for their exercise of their First Amendment rights, even if prothonotary had adminrative duty to maintain files, where there was no allegation that prothonotary took any acti

at all, retaliatory or otherwise. U.S.C.A. Const.Amend. 1.

Sibley v. U.S. Supreme Court, 2011 WL 1983343D.D.C.,2011Deputy court clerk's alleged failure to file attorney's pleadings in his disbarment proceedinand court clerk clerk's alleged refusal to correct docketing error were actions that were inteal part of judicial process, for which clerks were entitled to absolute immunity.

Fuller v. Truncale, 50 So.3d 25Fla.App.1.Dist.,2010Clerk of courts had jurisdiction to engage in judicial act of recommending to Department Motor Vehicles (DMV) that driver's licenses of drivers cited for traffic violations be suspeded, such that clerk had judicial immunity from suit filed against him in his official capacby cited drivers, and, thus, trial court departed from essential requirements of law in denyiclerk's motion to dismiss class action on judicial immunity grounds, for certiorari purposeadministrative order gave clerk authority to recommend license suspension following expiion of the 90-day period within which cited drivers were required to pay traffic citation.



Bank of America, N.A. v. U.S. I.R.S., 663 F.Supp.2d 1308M.D.Fla.,2009Mortgage lender's action against clerk of court, in his official capacity, challenging tax de

ale on mortgaged property and distribution of the excess proceeds, was procedurally barreunder Florida statute, requiring notice to state agency and denial of the claim as condition prcedent to filing suit against state agency or state official, where lender sent claim in the for

of a letter to the clerk, but clerk did not deny the claim before the lender filed suit approxiately three months later, and notice of claim was not served upon the designated general cou

el, as required by city ordinance. West's F.S.A. § 768.28(6)(b).Conklin v. Warrington T2009 WL 1227950West KeySummary[1]M.D.Pa.,2009A prothonotary's alleged failure docket a mortgagee's praecipe against his mortgagor for judgment of non pros did not consute retaliatory action under the First Amendment when the mortgagee failed to show a cauink between the mortgagee's protected conduct and the allegedly retaliatory action. There w

no causal link because the mortgagee filed his claim two months before the prothonotary egaged in retaliatory conduct. The temporal proximity between the two events was not so u

duly suggestive as to give rise to an inference of causation. U.S.C.A. Const.Amend. 1; U.S.C.A. § 1983.1 79k722 92k14362018766001001012018766001001Bey v. Bruey, 2009 W961411West KeySummary[1]D.N.J.,2009The clerks being sued for money damages arisifrom the performance of duties involving a request to enter default had quasi-judicial immunity. The entry of default judgment has historically been a judicial function. Before enteng a default, the clerk had to examine the affidavits filed and find that they met the requir

ments of Federal Rule of Civil Procedure 55(a). The clerk had to determine whether the dfendant had been served with the summons and complaint in accordance with the rules, wh

ervice occurred, when the time to answer or plead had expired, and whether the defendafailed to plead. Fed.Rules Civ.Proc.Rule 55, 28 U.S.C.A79k722018580606001012018580606001

Barthlow v. Jett, 303 Fed.Appx. 723C.A.11.Fla.,2008Employer, the county clerk of courts, had legitimate reason for firing employee, and thus wentitled to qualified immunity in action against clerk in his individual capacity for damagarising from termination, regardless of potential non-lawful reasons for termination relatedemployee's claim of retaliation for filing complaint against clerk, where employee had an e

ensive history of incidents of, and reprimands for, unprofessional conduct, and she offeronly excuses for her behavior, but did not deny the incidents.

Hicks v. McGee, 642 S.E.2d 379Ga.App.,2007Former state prisoner's failure to specifically state that his claims against superior court cleand deputy clerk were based on a ministerial act, rather than a discretionary act, did not copel the conclusion that the clerks were entitled to official immunity in former prisoner's neggence action, which action was filed after prisoner served an additional 22 months in pris



after his sentence had expired, where the prisoner's complaint set forth factual allegations thhe clerks failed to perform the act of communicating prisoner's sentence to the Department

Corrections. West's Ga.Code Ann. § 42-5-50.

Glenney v. Forman, 936 So.2d 660Fla.App.4.Dist.,2006

Clerk of Circuit Court, who opened court file that mistakenly listed victim of domestic vioence as criminal defendant in domestic violence case, thereby subjecting victim to arrest ancarceration, owed special duty to victim to act non-negligently once clerk's office becam

aware of mistake in naming victim as defendant but failed to correct mistake; at first arraigment, victim and prosecutor explained to Circuit Court that victim was not criminal defenda

Tucker v. Doe, 173 Fed.Appx. 969C.A.3.N.J.,2006Clerk of a New Jersey superior court was not entitled to absolute immunity in connection wihis alleged failure to file four complaints submitted by pro se litigant, since clerk had nodiscretionary 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. 970C.A.3.N.J.,2006Court clerk's duty to file papers presented for filing was non-discretionary, under New Jersaw, and, thus, clerk was not entitled to absolute immunity in discrimination action filed nvoluntary committee and alleging clerk failed to file complaints he had submitted and h

not notified him of any deficiencies precluding their filing. N.J.R. 1:5-6(c).

Cichowski v. Sauk County, 409 F.Supp.2d 1098W.D.Wis.,2006Plaintiffs stated an equal protection claim under the Fourteenth Amendment against clerk county circuit court based on allegations that clerk singled them out for poor service in tclerk's office in making them wait longer, refusing to file their documents and directing theo a window displaying the phrase “ashes of our difficult clients” because of their nationali

U.S.C.A. Const.Amend. 14.

Villa v. Elmore, 2005 -Ohio- 6649Ohio.App.6.Dist.Lucas.Co.,2005Village and municipal court clerk were not liable for failure to seal the record of charagainst former village police officer for carrying a concealed weapon under expungement oder the officer had obtained over 20 years earlier or for not removing from his personnel fall documents relative to the weapon charge; there was no evidence showing misconduct part of the present clerk, any claim against clerk in office at time of the order had abated uder two-year statute of limitations, and there was no evidence in record that village receiv



notice of the order. R.C. § 2744.04.

Estate of Spiegel v. Western Sur. Co., 908 So.2d 859Miss.App.,2005Estate's failure to comply with notice of claim requirements of the Mississippi Tort ClaimAct (MTCA) was grounds for dismissal of estate's suit against current and former circuit cou

clerk alleging negligence in failing to enroll estate's foreign judgment; estate did not file a nice of claim until nine months after filing suit. West's A.M.C. § 11-46-11.

Haile v. Sawyer, 2003 WL 1907661N.D.Cal.,2003Supervisor for county court, who was responsible for supervising deputy clerks handling civil filings and civil cases, was entitled to absolute quasi-judicial immunity with respectitigant's claims alleging intentional tort, conspiracy, perjury, subornation of perjury, felon

fraud, breach of civil obligation, oppression, obstruction of justice, malice, harassment, dfamation and slander, endangerment, civil rights violation, racial discrimination, intentiongross negligence, and abuse of judicial power, inasmuch as supervisor's challenged activitiwere integral part of judicial process. 42 U.S.C.A. §§ 1981, 1983.

Lyle v. Jackson, 49 Fed.Appx. 492C.A.6.Mich.,2002Quasi-judicial immunity applied to claims in which prisoner sought monetary damages frowo court clerks who allegedly failed to provide prisoner with requested copies of previo

filings and transcripts, warranting dismissal of claims under statute requiring screening civil claims by prisoners seeking redress from governmental entities and employees. U.S.C.A. § 1915A.

Southern Medical Supply Co. v. Myers, 804 A.2d 1252Pa.Super.,2002Under Georgia law, manufacturer and developer of medical supplies and their chief executiofficer (CEO) were not denied due process by alleged failure of clerk of courts in Georg

tate court, in breach of contract action by seller against manufacturer, developer, and CEO,

provide them notice of final judgment until filing deadline for appeal had passed, although orney for manufacturer, developer, and CEO stated in affidavit that he did not receive finudgment, since CEO sent e-mail to seller's president within period to timely file appeal th

made clear that CEO was aware that judgment had been entered. U.S.C.A. Const.Amend. 14

Ford v. Pedersen, 2002 WL 127371Cal.App.6.Dist.,2002Court clerk's refusal to file defendant's handwritten complaint was a discretionary act, thbarring prisoner's negligence suit under doctrine of official immunity; accepting or rejecti



documents for filing required individual judgment to determine compliance with rules. WesAnn.Cal.Gov. Code § 820.2.

Ford v. Pedersen, 2002 WL 127371Cal.App.6.Dist.,2002Court clerk's refusal to file handwritten complaint by prisoner for personal injury by pris

was protected by quasi-judicial immunity from prisoner's action for personal injury againclerk; clerk's activities in filing court documents were intimately related to the judicial prcess.

Sirbaugh v. Young, 25 Fed.Appx. 266C.A.6.Mich.,2001State court judges and court clerks were performing their judicial and quasi-judicial dutiwhen they interpreted Michigan law and declined to waive the filing fee in prisoner's appefrom the property division in his divorce case and, thus, they were immune from suit for moetary damages.

Vinson v. Benson, 805 So.2d 571Miss.App.,2001Chancery court clerk's decision not to allow appellants to remove record on appeal from couhouse was made in clerk's official capacity and was not merely a ministerial act; though cle

hould have allowed appellants to remove record, clerk was immune from personal liabiliand appellants' appropriate remedy was to file for a writ of mandamus rather than a person

awsuit against clerk. Rules App.Proc., Rule 10(b)(5).

Harris v. Suter, 3 Fed.Appx. 365C.A.6.Ohio,2001Clerk of the United States Supreme Court was entitled to absolute judicial immunity when efused to file petition for writ of certiorari, where petition did not comply with the rules he Supreme Court and was untimely making decision not to file the petition a quasi-judic

function.

Harris v. Suter, 3 Fed.Appx. 365C.A.6.Ohio,2001When a clerk files or refuses to file a document with the court, he is entitled to immuniprovided the acts complained of are within the clerk's jurisdiction.

Schultz v. Schwartz, 11 P.3d 530Kan.App.,2000Litigant failed to show, in her negligence action against clerk of district court for alleged



failing to timely file and stamp her petition in personal injury action against third party, thher petition arrived at clerk's office prior to expiration of applicable statute of limitationestimony of litigant's attorney that, based on his experience, petition should have arrived ime and that documents subsequently mailed from his office were always filed the next bu

ness day was not dispositive of what happened in present case.

Weiner v. State, 710 N.Y.S.2d 325N.Y.App.Div.1.Dept.,2000Doctrine of judicial immunity precluded claimant's negligence claim based on conduct of faly court petition clerks who assisted her former husband in filing violation of visitation peion that lead to her allegedly wrongful arrest; preparation of petitions by the clerks was an iegral part of the judicial process of hearing and ruling upon a violation of visitation claim.

Samuel v. Michaud, 980 F.Supp. 1381D.Idaho,1996Federal court clerks were not entitled to absolute quasi-judicial immunity for their allegmisconduct in upkeep of files and exhibits in prior litigation involving plaintiffs. 42 U.S.C.§ 1983.

Samuel v. Michaud, 980 F.Supp. 1381D.Idaho,1996Federal court clerks were entitled to qualified immunity from claim that they violatplaintiffs' due process and equal protection rights by engaging in misconduct with respect

filing of court documents, maintaining exhibits, scheduling hearings, sending notices, aranscribing proceedings; alleged acts did not fall within constitutional parameters of rightaccess to courts, and there was no evidence of intent to violate plaintiffs' constitutional righU.S.C.A. Const.Amend. 5; 42 U.S.C.A. § 1983.

Battle v. Whitehurst, 831 F.Supp. 522E.D.Va.,1993While it is true that court clerks generally do not enjoy absolute immunity when they perfoministerial duties such as filing pleadings or responding to requests for court files, i t

equally true that court clerk is entitled to derivative absolute immunity when performance oor refusal to perform, ministerial acts is in accordance with judicial order.

Kincaid v. Vail, 969 F.2d 594C.A.7.Ind.,1992Court clerks' return of inmates' filing fee, accompanied by letter explaining that clerks did nknow what check was for, did not constitute violation of inmates' right of access to courevidence did not indicate that clerks received proper complaint and fee and deliberately failo file complaint, any failure to file was result of mistake or isolated incident of negligenc



nmates had adequate state remedies available to them under Indiana law, including writs mandate and prohibition, and inmates failed to allege that they suffered any prejudice as resuof 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. 725E.D.Va.,1991

Negligent conduct by deputy clerk of court in failing to file letter as a notice of appeal did ngive rise to constitutional claim for violation of the due process clause of the Fifth Amenment under Bivens. U.S.C.A. Const.Amend. 5.

Lee X v. Casey, 771 F.Supp. 725E.D.Va.,1991Although courts generally exercise judicial discretion to construe letters expressing a condional desire to appeal a court order as notices of appeal in pro se cases, a deputy clerk

court does not possess the discretionary authority or legal training to do so, and thus clerkfailure to perform ministerial act by allegedly failing to file and docket letter could not forbasis for constitutional claim as required to state actionable civil rights claim against depuclerk.

MacKerron v. MacKerron, 571 A.2d 810Me.,1990Ex-husband's complaint alleging negligence by ex-wife in her official capacity as distrcourt clerk for failing to docket and file a promissory note as part of the divorce decree w

egally sufficient to state a claim.

Lebleu v. Forum Ins. Co., 479 So.2d 972La.App.3.Cir.,1985Omission by clerk of court of a mortgage from a certificate of mortgages requested by judment creditor, an omission which allegedly caused creditor to decide to seize judgment debor's property and, in turn, caused judgment creditor to file a petition for bankruptcy, was nobasis for judgment debtor to obtain damages against clerk of court on a res nova theory of rcovery in absence of evidence that omission was a substantial cause in fact of judgment cre

tor's inability to collect his indebtedness. LSA-C.C. art. 3394.

Spencer v. City of Seagoville, 700 S.W.2d 953Tex.App.Dallas,1985Clerks of city's municipal court were entitled to absolute judicial immunity where uncontrverted evidence showed that clerks' signing and filing of complaints for failure to appearcourt were part of their normal functions as court clerks and therefore were judicial acts.



Reigh v. Schleigh, 595 F.Supp. 1535D.Md.,1984Clerk of court was immune from any claim of damages by judgment debtors who had bedenied due process by delay in adjudicating their claim of exemption in Maryland postjudment garnishment proceedings, where process due to judgment debtors, particularly period ime within which hearing on claim of exemption was required to be held, was not firmly eablished at time debtors filed their exemption claim. Md.Rule 3-645(d); U.S.C.

Const.Amend. 14.

Wallis v. Clerk, Superior Court of DeKalb County, 305 S.E.2d 639Ga.App.,1983Reason that bankruptcy debtor did not obtain his homestead exemption was not because deeo the subject property were never recorded by the clerk of court, but because debtor had

“aggregate interest” in the property, that is, because trustee was unable to sell the property fmore than security interest therein, which interest was the subject of one of the deeds and w

n fact, recognized by the bankruptcy court, despite late filing of security deed; hence, debthad 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 8Va.,1983Five-year period of limitation applied to cause of action by bank alleging that misfeasancedeputy of clerk of county circuit court in improperly indexing lien instrument caused it make loan based upon mistaken premise that deed of trust would constitute second, and n

hird, lien upon borrower's property; therefore, bank's action, which was filed more than thryears after date upon which bank learned of second prior lien, was timely. Code 1950, § 8-Repealed).

Panko v. Rodak, 606 F.2d 168C.A.7.Ill.,1979Supreme Court clerks, who were carrying out judicial or quasi-judicial functions within thauthority when they refused to file documents which did not comply with Court rule, were immune from the plaintiff's claim for damages. Supreme Court Rules, rules 39, 39, subd. 1, 5

ubd. 5, 28 U.S.C.A.

Loper v. Austin, 596 P.2d 544Okla.,1979Even if court clerk, or his employee, filed judgment under wrong name in judgment dockudgment creditors could not recover from clerk on theory that the error allowed debtor to sealty without first satisfying the judgment, where the only property owned by debtor

county was his homestead, to which the judgment lien could not attach, so that no damage h

been suffered by creditors as result of any negligence of clerk.



Marty's Adult World of New Britain, Inc. v. Guida, 453 F.Supp. 810D.Conn.,1978Although absolute immunity may be available to protect discretionary actions of a court cler

uch as setting bail amounts, only qualified immunity should be accorded clerks performiministerial duties, such as filing papers and preparing records.

Weaver v. Thomas, 399 F.Supp. 615S.D.Tex.Houston.Div.,1975Clerk of district court was not liable in damages on ground that he illegally and unconstitionally refused to file plaintiff's petition for habeas corpus where clerk referred both the peion and application to proceed in forma pauperis to the United States magistrate on Octob

30, 1974, the very day that the clerk received the papers and delay between such date and M5, 1975, on which date magistrate made a recommendation, was due in large part to flood prisoner actions and court accepted magistrate's recommendation on the day it was receiv

and on the same day entered the appropriate orders. 28 U.S.C.A. §§ 632, 1914(a), 1915(d2254; U.S.Dist.Ct.Rules S.D.Tex., Rule 24, subd. C(3).

Weaver v. Thomas, 399 F.Supp. 615S.D.Tex.Houston.Div.,1975Complaint seeking damages from clerk of district court on ground that he illegally and unco

titutionally refused to file plaintiff's petition for habeas corpus failed to state a claim which relief could be granted where it failed to allege facts showing that the habeas corpus pition was premised on any valid ground.

Weaver v. Thomas, 399 F.Supp. 615S.D.Tex.Houston.Div.,1975Since clerk of district court acted promptly on receiving petition for a writ of habeas corphe clerk, from whom petitioner sought damages on ground that he illegally and unconstitionally refused to file petition, was entitled to immunity against suit; in addition, petition

had no claim either against the district court or the magistrate to whom the matter was rferred, since they both acted promptly in the matter. 28 U.S.C.A. § 632.

Maddox v. Astro Investments, 343 N.E.2d 133Ohio.App.2.Dist.Preble.Co.,1975Failure of clerk of court of common pleas to docket and index certificate of judgment for seeral 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 686Tex.Civ.App.Eastland,1974



Court clerk who advises an attorney for a party that a supersedeas bond has not been filed ahat there is a need for filing such a bond has not committed an actionable offense for whi

other party may recover interest lost by not having use of money deposited with clerk.

Fletcher v. Wilson, 500 S.W.2d 601Ky.,1973

Action could not be maintained against county court clerk, who signed jurat on paper filed candidate for county office, under statute authorizing attack on officer's certificate, where personal recovery was sought against the officer and he was made a party solely that he migbe enjoined in his official capacity from placing name on ballot. KRS 61.060.

Davis v. McAteer, 431 F.2d 81C.A.8.Mo,1970Even if clerk of state court lost certain files which would have corroborated prisoner's clahat he had been kept under influence of drugs while in city jail prior to his guilty pleas, cle

was immune from liability to prisoner under doctrine of judicial immunity. 42 U.S.C.A1983; U.S.C.A.Const. Amend. 14.

Lockhart v. Hoenstine, 411 F.2d 455C.A.3.Pa.,1969Prothonotary of Superior Court of Pennsylvania was not liable to prisoner under Civil RighAct for refusing to accept for filing certain papers, where action of prothonotary was pursuao superior court order. 42 U.S.C.A. § 1983.

nstallment Plan, Inc. v. Justice, 209 So.2d 68La.App.4.Cir.,1968Although court clerk negligently failed to include recorded collateral mortgage on mortgacertificate requested by and issued to plaintiff, clerk was not liable for any damages plaint

ustained by foreclosure of the collateral mortgage as the collateral note in question was npledged until after filing of plaintiff's mortgage, with consequence that plaintiff's mortgawas in fact superior to the collateral mortgage. LSA-C.C. art. 3394.

Rudnicki v. McCormack, 210 F.Supp. 905D.R.I.,1962Complaints alleging that Massachusetts attorney general, one of his assistants, United Statattorney, two of his assistants, and clerk of federal district court deprived plaintiff of his civights because attorneys represented judges sued by plaintiff under the Civil Rights Act a

because clerk received and filed papers in connection with such suits failed to state causes action under any provision of Civil Rights Act, since immunity of judges from suit attached attorneys and clerk. 42 U.S.C.A. §§ 1983, 1985.



Jackson v. Jones, 336 S.W.2d 565Ky.,1960Burden of causing record on appeal to be timely filed is that of appealing party rather thhat of clerk; and there could be no recovery from Circuit Court clerk for alleged failureimely transmit record on appeal. CR 73.08, 75.07(4).

Com. to Use of Orris v. Roberts, 130 A.2d 226Pa.Super.,1957Where judgment creditor had presented judgment note for filing, clerk in prothonotary's offihad misfiled judgment, and judgment debtor had conveyed real property and allegedly was eecution proof, prothonotary was liable for default of his clerk and therefore surety on prothnotary's bond, which was conditioned upon faithful execution of duties of prothonotary's ofice not only by prothonotary but by his deputies, clerks, assistants and appointees, was aliable. 17 P.S. §§ 1481, 1903, 1922.

Ginsburg v. Stern, 125 F.Supp. 596W.D.Pa.,1954Even if alleged failure to file petition was patently violative of complainant's civil rights, Spreme Court prothonotary allegedly acting pursuant to court order and direction in allegedfailing so to file, could not be held civilly liable therefor.

Geach v. Olsen, 211 F.2d 682

C.A.7.Ill.,1954Where petition for writ of habeas corpus showed on its face that petitioner was not entitleda writ of habeas corpus, refusal by clerk of criminal court to file a petition for writ of habecorpus could not possibly damage petitioner and complaint based on that refusal was fataldefective as it could not show that petitioner was entitled to damages.

Chasnoff v. Porto, 16 Conn.Supp. 464Conn.Super.,1950Where clerk issued pluries execution within 10 days after Supreme Court handed down opion in case which sought injunctive relief against outstanding execution, clerk issued pluri

execution at his peril whether motion to reargue was filed or not. Practice Book, § 399.

Singletary v. General Motors Acceptance Corp., 73 F.2d 453C.A.5.Ga.,1934State superior court clerk's testimony as to reason for his failure to file record on appeal

tate Supreme Court within statutory time held properly excluded in federal court action fesulting damages.



Singletary v. General Motors Acceptance Corp., 73 F.2d 453C.A.5.Ga.,1934Acceptance corporation held entitled to recover value of its interest in automobiles under trueceipts, given it by dealer, from superior court clerk as damages for delay in filing in sta

Supreme Court record on corporation's appeal from adverse judgment in its suit to recovcars or value thereof from finance company acquiring interest therein after execution of rceipts; judgment not being sustainable under undisputed evidence except for such delay.

Brown v. Brown, 64 S.W.2d 59Tenn.App.,1933County court clerk held not liable to ward for failure to require guardian to appear, make selement and file renewal bond where no willful disregard of duties was charged or prove

Shannon's Code, §§ 4267, 4298, 4299.

Riverside Transfer Co. v. Service Drayage Co., 135 So. 79La.App.Orleans,1931f clerk of Court of Appeal should make erroneous records regarding time of filing transcr

and insist records are correct, party complaining could seek to hold clerk and bondsman liabfor injury in separate proceedings.

Martin v. Bogard, 2 S.W.2d 700Ark.,1928That supersedeas bond was filed late did not excuse clerk of court from distributing funds, a

cording to court order. Crawford & Moses' Dig. § 2160.

Whelan v. Reynolds, 112 N.W. 223Minn.,1907Where, had the clerk of the court entered and docketed a judgment by confession on a note authorized by a statement executed, the same would have been paid from the surplus arisifrom a mortgage sale of the land, but he failed to do so until after a second mortgage had beexecuted, which, together with the first, equaled the value of the land, a surety on the nowho paid the judgment by confession thereon was entitled to maintain an action for damag

esulting from the failure to promptly enter and docket the judgment, although he did not comply with Rev.Laws 1905, § 4281, providing that, whenever a judgment against two perso

hall be paid by one of them, he may continue the judgment in force by filing with the clerknotice of the amount paid and of his claim for contribution.

Milburn-Stoddard Co. v. Stickney, 103 N.W. 752N.D.,1905A clerk of the district court cannot be amerced, under Rev. Code 1899, §§ 5555, 5556, ffailure to pay over money for the satisfaction of a judgment on file in his office, except whe



No action will lie against a clerk of the district court, in charge of the records of mechaniand other liens, for a false certificate furnished a purchaser that there were no liens against tproperty purchased, where the only lien is one for materials furnished the grantor, which wfiled against the land after it had been conveyed to the purchaser with warranty, for he cannbe injured by such certificate.

McFarland v. Burton, 12 S.W. 336Ky.,1889Where, in an action against a clerk to recover damages for his failure to issue an executiwhen ordered by plaintiff's attorneys, there was testimony tending to show that the attornfor plaintiff had the custody or possession of the record when the execution was ordered to ssued, defendant should have been allowed to file an amended answer relying on such fact,t constituted a good defense.

Rosenthal v. Davenport, 38 N.W. 618Minn.,1888When papers required to be filed in the office of the clerk of court are presented to him fhat purpose, it is his duty to file and deposit them in a proper place, so that they may be fou

on reasonable examination; and, if he misplaces such papers, he is chargeable with neggence.

Rosenthal v. Davenport, 38 N.W. 618Minn.,1888

Negligence on the part of the person presenting papers for filing is not implied from the fahat papers relating to different matters are presented in one package without explanation, thbeing properly indorsed so as to show their character.

Rosenthal v. Davenport, 38 N.W. 618Minn.,1888The creditor of an insolvent, having lost his share in the estate by reason of the clerk havinmisplaced the statutory release filed by the debtor, in order to recover against the clerk, nenot show that the debtor has not again become solvent.

Rosenthal v. Davenport, 38 N.W. 618Minn.,1888Case considered as not justifying a legal conclusion of negligence on the part of the perspresenting papers to be filed for not having discovered that the officer had misplaced t

ame.

People, for Use of v. Leaton, 25 Ill.App. 45



ll.App.3.Dist.,1887Where appeal bond filed in trial court was approved by clerk of court under order of court awas treated by all parties as sufficient to perfect the appeal, and no demand was made on tclerk to issue execution notwithstanding such bond, no liability attached to the clerk becauof an alleged informality in the bond due to alleged oversight of the clerk.

People, for Use of v. Leaton, 25 Ill.App. 45ll.App.3.Dist.,1887

Where order of trial court provided that appeal bond should be filed “with security to be aproved by the clerk” the clerk was not bound at his peril to see that the bond presented to hin matters of form, contained a recital of conditions required by law.

Crews v. Taylor, 56 Tex. 461Tex.,1882No action will lie against the clerk of the district court for failure to keep a file book for entng mortgages and to record a mortgage, by a party who had notice of the mortgage from

deed on record, and who neglected to inquire of the clerk for instruments filed and not recoded.

Alston v. Sharp, 70 Tenn. 515Tenn.,1879Upon a bill being filed, where the clerk is to issue the attachment, and the allegations do nauthorize the attachment, so that it would have been either void on the face of the record

voidable, or a decree based thereon would be reversible, so that no levy under the writ couhave been valid, the clerk will not be liable, except perhaps for nominal damages, for not issng such a paper, as it would not have been authorized by law, and would have been of no a

vantage to complainant.

Williams v. Hart, 17 Ala. 102Ala.,1849Defendant, for the purpose of superseding the judgment against him, tendered to the clerk suficient security. The clerk allowed the bond to be signed in blank, with the understanding th

he might afterwards fill it up, but, before it was filled up, the sureties revoked the authoriThe clerk, however, under the advice of counsel, proceeded to fill up the bond, and certifiedas a valid bond to the supreme court, where the judgment was affirmed against defendant ahis sureties, with 10 per cent. damages. The sureties thereupon filed a bill against plaintiff aclerk to relieve themselves from the judgment, and obtained a decree for a perpetual injunion. Held, that the clerk was liable to plaintiff for the amount of the original judgment, winterest, and for such necessary costs as plaintiff in good faith expended in defending againhe chancery suit.



Wright v. Wheeler, 8 Ired. 184N.C.,1847A clerk of a court who issued a blank writ, and after its return docketed the same, and failedake security for costs, was held to be liable for such failure, as he became liable, after issuihe 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 LaReports 4th 1186 (1984)15A Am. Jur. 2d Clerks Of Court § § 28-38

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