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Rule 3-302. Clerk of the Court.

Intent: 

To describe the role ofthe Clerk of the Court. 

To specify the procedure by which the Clerk of the Court isselected. 

Applicability: 

This rule shall apply to the trial courts of record. 

Statement of theRule: 

(1) The Clerk of the district and juvenile courts shall beappointed by the court executive with the concurrence of a majority of thejudges assigned to that court location. In locations of the district courtadministered by contract with the administrative office of the courts, theelected county clerk shall serve as Clerk of the Court. 

(2) The Clerk of the Court shall: 

(A) take charge of and safely keep thecourt seal; 

(B) take charge of and safely keep ordispose of, according to law, all books, papers and records filed or depositedin the Clerk's Office; 

(C) issue all notices, process and summonses where authorized bylaw; 

(D) keep a record of all orders,judgments and decrees as required by law and this Code; 

(E) keep minutes of court proceedings; 

(F) keep a fee record as provided in this Code; 

(G) keep records of jurors' services as provided in thisCode; 

(H) keep records of witnesses' attendance as provided in thisCode; 

(I) keep a record of executions as provided in this Code; 

(J) take and certify acknowledgments and administer oaths; 

(K) keep a record of fines, penalties, costs, and forfeitures asrequired by law and this Code; 

(L) prepare revenue reports, reconcile accounting ledgers to bankstatements, maintain and serve as custodian of trust accounts and perform suchother accounting duties as assigned by the court executive; 

(M) keep a record of court exhibits and ensure the safekeeping ofexhibits; 

(N) supervise such deputy clerks as required to perform the dutiesspecified in this rule; 

(O) keep such other records and perform such other duties asassigned by the court executive in accordance with applicable law and theprovisions of this Code. 

(3) The clerk?s office shall be open and available to transactbusiness during business hours on all days except Saturdays, Sundays, and legalholidays. When the clerk?s office is open, the clerk or a deputy shall bephysically present or immediately available remotely.

 

EffectiveMay 1, 2016