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    Court Clerks Cannot Refuse To File A Document For Form

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    Paul Greco
    Court clerks cannot refuse to file a document solely because it does not meet certain formatting guidelines. Rule 5.(d)(4) of the Federal Rules of Civil Procedure states that a clerk must not refuse to file a document only because it is not in the prescribed form. A document is considered filed once it has been delivered to the clerk, and does not need to be stamped or signed at that time. A clerk only has ministerial, non-decision making duties and cannot determine the quality of documents; that role belongs to the tribunal. If a clerk refuses to file documents, a court order or registered letter may be needed to ensure the clerk complies with their duty to file documents.

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    Court Clerks Cannot Refuse To File A Document For Form

    Uploaded by

    Paul Greco
    745 views2 pages
    Court clerks cannot refuse to file a document solely because it does not meet certain formatting guidelines. Rule 5.(d)(4) of the Federal Rules of Civil Procedure states that a clerk must not refuse to file a document only because it is not in the prescribed form. A document is considered filed once it has been delivered to the clerk, and does not need to be stamped or signed at that time. A clerk only has ministerial, non-decision making duties and cannot determine the quality of documents; that role belongs to the tribunal. If a clerk refuses to file documents, a court order or registered letter may be needed to ensure the clerk complies with their duty to file documents.

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    Court Clerks cannot refuse to file a document for form

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    Court clerks cannot refuse to file a document solely because it does not meet certain formatting guidelines. Rule 5.(d)(4) of the Federal Rules of Civil Procedure states that a clerk must not refuse to file a document only because it is not in the prescribed form. A document is considered filed once it has been delivered to the clerk, and does not need to be stamped or signed at that time. A clerk only has ministerial, non-decision making duties and cannot determine the quality of documents; that role belongs to the tribunal. If a clerk refuses to file documents, a court order or registered letter may be needed to ensure the clerk complies with their duty to file documents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    745 views2 pages

    Court Clerks Cannot Refuse To File A Document For Form

    Uploaded by

    Paul Greco
    Court clerks cannot refuse to file a document solely because it does not meet certain formatting guidelines. Rule 5.(d)(4) of the Federal Rules of Civil Procedure states that a clerk must not refuse to file a document only because it is not in the prescribed form. A document is considered filed once it has been delivered to the clerk, and does not need to be stamped or signed at that time. A clerk only has ministerial, non-decision making duties and cannot determine the quality of documents; that role belongs to the tribunal. If a clerk refuses to file documents, a court order or registered letter may be needed to ensure the clerk complies with their duty to file documents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Court Clerks cannot refuse to file a document for form

    Sometimes a court clerk might refuse to file a document because it does not meet certain form
    guidelines.  A clerk is not permitted to refuse filing a document for form as required by rule 5.(d)
    (4) of the Federal Rules of Civil Procedures specifically state,

    5.(d)(4) Acceptance by the clerk. A clerk must not refuse to file a paper solely because it is not
    in the form prescribed by these rules or by a local rule or practice.

    This is an important rule especially for those who are preceding in a court of record. Although a
    court of record proceeds according to common law, the sovereign can choose the Federal Rules
    by which to proceed. This is one of the ways to get a clerk to do his job. Since law is the decree o
    the sovereign, sovereigns can decree that some statutes apply in his case.

    A court clerk does not have the authority to make any decisions. His duties are ministerial and
    not tribunal. The tribunal is who gets to make the decisions regarding the quality of a paper. So if
    at first a clerk will not fuile your papers. simply state politely that he file them on demand. If that
    fails, present the clerk with an order from the court of record. You may have to mail if by
    registered mail before the clerk will comply.

    As you will see in the attached template, the anyone who removes a document from the record
    can be punished for up to three years in prison according to.

    18 USC § 2071

    (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or
    attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map,
    book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of
    the United States, or in any public office, or with any judicial or public officer of the United
    States, shall be fined under this title or imprisoned not more than three years, or both.

    (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or
    other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or
    destroys the same, shall be fined under this title or imprisoned not more than three years, or both;
    and shall forfeit his office and be disqualified from holding any office under the United States.
    As used in this subsection, the term “office” does not include the office held by any person as a
    retired officer of the Armed Forces of the United States.

    There is also case law that specifies that a document is filed once it is delivered to the clerk. It
    does not have to be stamped and sign. That is done merely to designate a time of filing. In one
    case, the court opined that a document is filed even if delivered to a deputy clerk at night at his
    home.

    it is settled law that delivery of a pleading to a proper official is sufficient to constitute


    filing thereof. United States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916);
    Milton v. United States, 105 F.2d 253, 255 (5th Cir. 1939). In Greeson v. Sherman, 265 F.
    Supp. 340 (D.C.Va.1967) it was held that a pleading delivered to a deputy clerk at his home at
    night was thereby "filed." (Freeman v. Giacomo Costa Fu Adrea, 282 F. Supp. 525 (E.D.Pa.
    04/5/1968).)

    Read the rest of the Order to the Clerk attach hereto. It has good information regarding the duties
    of the clerk.

    I remember, do not argue with a deputy clerk. Nobody ever wins an argument. The deputy clerk
    is not someone who you debate law with. They are simply paper warehousers. and do not usually
    comprehend such things. Send you order directly to the clerk along with a letter explaining the
    crime being committed by the deputy clerk and he will usually perform his duties as the law
    requires.

    Do not forget to edit the template. Everything in red font need to be update. You may also
    want to change the header to better suit local practice.

    File Attachments: 

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