Rule 45: Duties of Clerk
(a) General Provisions. The Clerk shall take the oath required by law. Neither the Clerk nor any deputy clerk may practice as an attorney or counselor in any court while continuing in office. The office of the Clerk is open during business hours on all days except Saturdays, Sundays, legal holidays, and other days when the Court is closed (See Rule 26(a) (Computing Time)) from 9:00 a.m. to 4:00 p.m. A night box is available at the entrance to the Public Office from 4:00 p.m. to 6:00 p.m. on all days that the Court is open. But see Rule 1(c) for electronic filing.
(b) The Docket; Calendar; Other Records Required. The Clerk shall-
(1) maintain a docket containing a record of all documents filed with the Clerk, and all process, orders, and judgments;
(2) maintain an index of cases contained in the docket;
(3) prepare, under the direction of the Court, a calendar of cases submitted or waiting argument; and
(4) keep such other books and records as may be required by the Court.
(c) Notice of Court Actions. Immediately upon issuance of an opinion, memorandum decision, or order, or upon entry of judgment or mandate, the Clerk shall send a copy or notification to each party to the proceeding and note in the docket the issuance or entry date. Electronic transmission of the notice of docket activity constitutes such notice for all CM/ECF users.
(d) Custody of Records and Papers. The Clerk is custodian of the records and documents of the Court. The Clerk shall not permit any original record or document to be taken from the Clerk's custody except as authorized by law. The Clerk shall retain, archive, or otherwise dispose of documents submitted for filing, as required or otherwise permitted by law.
(e) Court Seal. The Clerk is the custodian of the seal of the Court. The seal will appear as ordered by the Court. The seal is the means of authentication of all records, certificates, and process issued from the Court.
(f) Schedule of Fees. The Clerk shall maintain in the Public Office and on the Court website a schedule of fees approved by the Court.
(g) Motions. Unless a case has been assigned to a Judge or Judges or unless otherwise directed by the Court, the Clerk may act on motions and applications, if joint, consented to, or unopposed, that seek to-
(1) dismiss or terminate an appeal or petition with or without prejudice to reinstate it;
(2) remand a case;
(3) reinstate a case that was dismissed for failure to comply with the Rules;
(4) extend the time for taking any action required or permitted by the Rules or by an order of the Court, unless the motion is made after the time limit has elapsed or unless the basis for the motion is extraordinary circumstances as required by Rule 26(b) (Extension of Time);
(5) stay a case, with the exception that for the purpose of allowing the parties time to negotiate a settlement or other joint resolution, the Clerk may stay a case for only up to a total of 60 days;
(6) consolidate appeals;
(7) withdraw or substitute an appearance;
(8) correct a brief or other document; or
(9) obtain attorney fees and expenses pursuant to 28 U.S.C. § 2412(d).
(h) Sua Sponte Dismissal of Cases. The Clerk may dismiss a case for the appellant's failure to pay the filing fee or to file a brief. See also Rule 35(a) (Motion for Reconsideration).
(i) Construction of Rules in Self-Representation Cases. Consistent with the practice of the Court, the Clerk will liberally construe the Rules as they apply to self-represented appellants.
(j) Noncompliant Submissions. Except where return of a document is required by these Rules for a specific reason (see Rules 5(d) (Stay of Appellate Proceedings-Combined Motions Prohibited), 24 (Waiver of Filing Fee), 26(d) (Computation and Extension of Time-Combined Motions Prohibited), 27(e) (Prohibited Nondispositive Motions) and 28(g) (Motions Prohibited)), if the Court receives any document that does not conform to these Rules, the Clerk will receive, but not file, the submission; however, if it is a jurisdiction-conferring document, it will be filed notwithstanding any other provision of these Rules. In every case, the Clerk will promptly notify the party of the defect(s) to be corrected and may, in accordance with guidance from the Court, stay proceedings for a reasonable time in order to permit submission of a conforming document. Failure to submit such conforming document in a timely manner may result in the dismissal of the matter.Back