Remand Order Mailed
After the district court grants a timely motion to remand for a procedural defect in removal, the clerk promptly mails a certified copy of the remand order to the state court clerk, allowing the state proceeding to resume.
Also known as: clerks · clerked · clerking · clericus · clerkship · clerkships · court clerk · law clerk
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An administrative officer of a court responsible for receiving and maintaining filings, issuing process, and performing other record-keeping duties.
A judicial assistant who performs legal research, drafts orders, and provides other support to a judge or adjudicative officer.
An administrative officer of a court responsible for receiving and maintaining filings, issuing process, and performing other record-keeping duties.
Select any source to read its text and confirm it supports the definition.
A judicial assistant who performs legal research, drafts orders, and provides other support to a judge or adjudicative officer.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
After the district court grants a timely motion to remand for a procedural defect in removal, the clerk promptly mails a certified copy of the remand order to the state court clerk, allowing the state proceeding to resume.
Defendant Marcus Hale files a written notice of intent to assert an insanity defense with the clerk within the pretrial motion deadline and serves a copy on the government attorney, preserving the defense for trial.
After both parties complete and sign the application and pay the fee to the marriage license clerk, the clerk issues the license and certificate form once the required proofs of age and non-prohibition are supplied.
Defense counsel requests a blank subpoena from the clerk, who issues the signed and sealed form so counsel can complete the witness details before service in the criminal case.
Applicants seeking their commissions appear before the clerk's office to examine records and obtain testimony confirming which commissions were signed and delivered, establishing the factual basis for their claims.
Under 28 U.S.C. § 1447(c), a motion to remand on any defect other than lack of subject matter jurisdiction must be made within thirty days after the notice of removal is filed, or the objection is waived.
Supporting sources
A defendant who fails to notify the government in writing and file a copy with the clerk within the deadline cannot rely on an insanity defense at trial, though the court may permit a late filing for good cause.
Supporting sources
After finishing her clerkship with Judge Harlan, attorney Lena Rivera joins a firm representing a party in a case where she had drafted substantial orders. The firm screens her from the matter and obtains written consent from all parties before allowing any involvement.
Rule 1.12(c) provides that if a lawyer is disqualified under paragraph (a), no lawyer in the firm may knowingly undertake or continue the representation unless the disqualified lawyer is timely screened and written notice is given to the parties.
Supporting sources
…summoned to attend but understood to have declined giving voluntary affidavits. They objected to being sworn, alleging they were clerks in the Department of State and not bound to disclose facts relating to the business or transactions in the office. Mr. Lee observed that the Secretary of State's duties are of two kinds…