Talk:Court clerk
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What on earth is "French English"? Francis Davey 22:25, 10 August 2007 (UTC)
Removed false statement 3/14/08
editI removed the statement "No judgment of a U.S. court is effective until it is signed by the clerk and entered on the clerk's records.", because it is incorrect. Being a legal secretary and having been involved in legal proceedings myself, I can tell you that this is not true at all.
I had my name legally changed on March 2, 2006. Once the judge signed the order, it was official. I obtained a certified copy immediately after the signing, which I used to apply for a new social security card, driver license, etc. The order was not officially "recorded" until the following day. Therefore, the original document (which is on file with the clerk of courts) states on the bottom that it was recorded on March 3, even though the judgment was entered into on March 2. Regardless of the date it was entered on the clerk's records, the order itself was in full effect on March 2, prior to its recording. Furthermore, the original document does not include the clerk's signature. Only certified copies of the document will include the deputy clerk's signature, and only then on the actual certification itself (i.e. "This is to certify that the foregoing is a true and correct copy of the original record in my office. Signed --, for Clerk of Courts").
Needs further clarification
editThe above comment about a judgment becoming effective upon signing or recording is really a matter of location.
Are we totally sure that the U.S. District courts do not require this procedure? Federal courts could have different requirements.
I know that in North Carolina, all orders of the District and Superior Courts are certified under the seal of the court. This seal is maintained by the 100 elected Superior Court Clerks and his/her assistants and deputies. Technically, in order to enforce any order, the clerk must certify a judge's signature with said seal. In order to do this, the order must be filed. Also, certain judgments may only be enforced by execution of the Clerk (such as Writs of Execution, Writs of Possession, etc.). Also, most agencies that I am aware of would require some sort of certification to do something like a name change. A simple signature court be forged or altered by anyone.
I will not change the article, but I think some input from other State and Federal court officials would be helpful. I'll be glad to fill in NC's part if that section begins building itself. —Preceding unsigned comment added by 74.250.163.167 (talk) 04:56, 18 November 2010 (UTC)
Stubbing
editI'm stubbing this article. It has almost no sources and just reeks of original research. Kevin (aka L235 · t · c) 23:38, 16 February 2016 (UTC)
External links modified
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