Clerk

What clerk means

In short, clerk is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where clerk 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.
• Subpoena Duces Tecum (Subpoena to Produce Documents) (Fed. R. Civ. P. 45(a)(1)(A), 45(a)(3), 45(a)(4), 45(d)–(e)): a subpoena that commands a person or organization — often a nonparty — to produce designated documents, electronically stored information or tangible things, or to permit inspection of premises.

How to research the term

Start with the primary source. For example, if clerk appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read clerk in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

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.
• Ministerial: describes a duty that an official must perform in a set way, without using judgment or discretion, once the required conditions are met.
• Debt: money or another obligation one party owes another.

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.