Clerk of court

What clerk of court means

Put simply, clerk of court is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where clerk of court comes up

For example, the term appears in these procedures:

• Entry of Default and Default Judgment (Fed. R. Civ. P. 55(a)–(b)): the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses clerk of court in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.
• Default judgment: a judgment entered against a party who failed to plead or otherwise defend.
• Chain of title: the sequence of recorded transfers of an interest in property from earlier holders to the current one.
• Class action: a lawsuit in which one or more people sue or are sued as representatives of a larger group.
• Collateral estoppel: issue preclusion: an issue actually decided in a prior case may not generally be relitigated by the same parties.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.