Court Clerk Grade 9 flashcards

38 cards. Read the term and the definition here. The deck at the top of this page is optional.

Docket Entry

The official written record of a filing, order, or proceeding in a case. Each entry carries a date and sequential number and controls over informal minutes if they conflict.

Case at Issue

The stage reached when the defendant has filed a responsive pleading and the case is ready to be set for trial or a scheduling conference.

Entry of Default

A clerk's or court's ministerial notation that a party failed to plead or respond within the required time. It precedes, but is not the same as, a default judgment.

Continuance

An order postponing a scheduled hearing, trial, or deadline to a later date. It differs from a stay, which suspends proceedings entirely.

Sua Sponte

Latin for "of its own accord." Describes action taken by the court on its own motion, without a request from any party to the case.

Res Judicata

A final judgment on the merits bars the same parties from litigating the same claim again. Collateral estoppel separately bars relitigation of issues actually decided.

Nunc Pro Tunc

Latin for "now for then." An order entered to correct the record retroactively, giving effect to an action as of the date it should have occurred.

Voir Dire

The examination of prospective jurors to test impartiality and fitness, or of a witness to test competence. Counsel and the court may question.

Preponderance of Evidence

The civil standard of proof: the evidence shows the fact is more likely true than not. It is lower than clear and convincing evidence.

Motion in Limine

A pre-trial motion asking the court to rule on the admissibility of specific evidence before it is offered at trial, often to exclude prejudicial material.

Time Computation Rule

Exclude the day of the triggering event and include the last day. If the last day is a Saturday, Sunday, or legal holiday, the period extends to the next business day.

In Forma Pauperis

A statutory status allowing a party to proceed without prepaying filing fees because of financial inability. Courts may review and grant or deny the application.

Due Process Notice

The constitutional requirement of notice and a meaningful opportunity to be heard before the government deprives a person of a protected interest.

Local Rules

Court-specific rules supplementing general procedural rules. They often set shorter deadlines, page limits, and required filing formats that must be checked before filing.

Retention Schedule

A statute or administrative rule specifying how long each record series must be kept. Destruction before the retention period expires is unauthorized.

Chain of Custody

A documented log recording each transfer of an exhibit, including date, time, custodian, and location, used to show the item was not altered.

Certificate of Destruction

A signed record identifying which records were destroyed, when, by whom, and under what authority, created after the retention period has expired.

Tickler System

A calendaring tool that flags upcoming deadlines and hearing dates in advance so that docket control does not depend on memory.

Case Number Format

A code typically combining court, filing year, case type, and sequence. Once assigned, the number is not changed or reassigned to another case.

Ministerial Duty

A clerk's obligation to perform a required act, such as filing or recording a document, without exercising discretion over the merits or outcome.

Ex Parte Communication

Contact with a judge about a pending case by one party without notice to the others. It is generally prohibited and must be disclosed.

Unauthorized Records Access

Viewing or retrieving a court record without a legitimate work reason. It is a confidentiality breach even if no information is disclosed externally.

Public Records Request

A statutory request for access to government records. Exemptions such as sealed or juvenile material must be cited specifically in any denial.

Certificate of Service

A signed statement identifying the documents served, the date, the method of service, and the names and addresses of the parties served.

Pleading Caption

The heading of a filed document showing the court, the parties, the case number, and the document title, followed by the body and signature block.

Court Minutes

A chronological record of appearances, motions, rulings, and settings made during a proceeding, written without editorial comment or legal conclusion.

Amended Filing

A corrected or supplemented document filed after the original. It requires a motion or leave where the rules provide; the original is never altered after filing.

ADA Accommodation Request

A request for a modification enabling a person with a disability to access court services. It is routed to the designated coordinator and should be arranged in advance.

Pro Se Party

A person representing themselves without an attorney. Clerks may explain procedures and forms but may not give legal advice or recommend an outcome.

Court Interpreter

A qualified, sworn professional who interprets proceedings. Clerks do not interpret for parties, and family members should not serve as interpreters.

Copy Fee Calculation

Total charge equals number of pages multiplied by the per-page rate, plus any per-document certification fee. Fee waivers are applied before the balance is computed.

Data Entry Verification

Comparing entered case number, party names, dates, and document type against the source document before saving, to prevent indexing and docketing errors.

Audit Trail

A time-stamped system log recording who changed a record and when. It supports accountability and must not be circumvented by sharing login credentials.

Per Diem Interest

Simple interest computed as principal multiplied by annual rate multiplied by days divided by 365, giving the daily accrual for judgment interest calculations.

Record Fact Versus Inference

A fact is what the document actually states; an inference is a conclusion drawn from it. Docket entries and orders may rely only on record facts.

Absolute Scope Words

Terms such as all, only, must, and never. In multiple-choice items they often render an option false because they admit no exception.

Rule Application Method

State the governing rule, match each element to the facts one by one, then reach the result. Missing elements usually defeat the requested relief.

Specific Controls General

An interpretation rule: when two provisions conflict, the more specific provision governs the general one, unless a higher authority has issued a later controlling order.