Rule 45 Clerk’s Duties

(a) General Provisions.

(1) Qualifications. The Clerk, and every deputy clerk, must take an oath of office attesting that he or she will execute the duties of his or her office in accordance with the law and the rules set forth herein.

(2) When Clerk’s Office Is Open. The Clerk’s Office must be open during regular business hours. The Office is not open on Saturdays, Sundays, legal holidays, during natural disasters or other emergency circumstances, or pursuant to Court order.

(b) Records.

(1) The Docket. The Clerk must maintain a docket and an index of all docketed cases in the manner prescribed by the Court. The Clerk must record all papers filed with the Clerk and all process, orders, and judgments.

(2) Calendar. 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 may 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 as required by the Court.

(c) Notice of an Order of Judgment. Upon the entry of an order or judgment, the Clerk must immediately serve a notice of entry on each party, with a copy of any applicable opinion, and must note the date of service on the docket. Service on a party represented by counsel must be made on counsel.

(d) Custody of Records and Papers. The 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.