(a) General Provisions.
The circuit clerk must take the oath and post any bond
required by law. Neither the clerk nor any deputy clerk may
practice as an attorney or counselor in any court while in
(2) When Court Is Open.
The court of appeals is always open for filing any paper,
issuing and returning process, making a motion, and entering
an order. The clerk’s office with the clerk or a deputy in
attendance must be open during business hours on all days
except Saturdays, Sundays, and legal holidays. A court may
provide by local rule or by order that the clerk’s office be
open for specified hours on Saturdays or on legal holidays
other than New Year’s Day, Martin Luther King, Jr.’s
Birthday, Washington’s Birthday, Memorial Day, Independence
Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving
Day, and Christmas Day.
(1) The Docket.
The circuit clerk must maintain a docket and an index of all
docketed cases in the manner prescribed by the Director of
the Administrative Office of the United States Courts. The
clerk must record all papers filed with the clerk and all
process, orders, and judgments.
Under the court’s direction, the clerk must prepare a
calendar of cases awaiting argument. In placing cases on the
calendar for argument, the clerk must give preference to
appeals in criminal cases and to other proceedings and
appeals entitled to preference by law.
(3) Other Records.
The clerk must keep other books and records required by the
Director of the Administrative Office of the United States
Courts, with the approval of the Judicial Conference of the
United States, or by the court.
(c) Notice of an Order or Judgment.
Upon the entry of an order or judgment, the circuit clerk must
immediately serve a notice of entry on each party, with a copy
of any opinion, and must note the date of service on the
docket. Service on a party represented by counsel must be made
(d) Custody of Records and Papers.
The circuit clerk has custody of the court’s records and
papers. Unless the court orders or instructs otherwise, the
clerk must not permit an original record or paper to be taken
from the clerk’s office. Upon disposition of the case,
original papers constituting the record on appeal or review
must be returned to the court or agency from which they were
received. The clerk must preserve a copy of any brief,
appendix, or other paper that has been filed.
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Last modified at 12/16/2009