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 — see sources 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.
Each sense below has its own examples, sources, and questions.
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.
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.
In December 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper petitioned the Supreme Court for a rule requiring Secretary of State James Madison to show cause why a writ of mandamus should not issue commanding delivery of their commissions as justices of the peace in the District of Columbia. The applicants had been nominated by outgoing President John Adams. The Senate had advised and consented to the appointments. Commissions in due form were signed by the President with the seal of the United States affixed by the Secretary of State. During the proceedings the Court heard testimony from Department of State clerks Jacob Wagner and Daniel Brent, who described the preparation and handling of the commissions. Wagner recalled that two commissions had been signed but could not confirm whether those of the applicants were recorded. Brent believed Marbury's and Hooe's commissions were made out. Ramsay's was omitted by mistake. None of the Adams-signed commissions for District justices were recorded. Attorney General Levi Lincoln, who had acted as Secretary of State, testified that he had seen signed and sealed commissions but did not know whether any for the applicants were ever sent out. James Marshall's affidavit stated that on March 4, 1801, he received and later returned several commissions from the Secretary of State's office, including those for Hooe and Harper. The applicants also submitted the affidavit of Hazen Kimball confirming that commissions for Marbury and Hooe were in the office on March 3, 1801. Madison did not appear or show cause after the rule was served. The motion for the writ itself was heard in the February 1803 term.
2 common questions
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.
1 common questions
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…