Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 74. Books and Records Kept by Clerk and Entries Therein.
(a) Civil Case File and Index. All papers filed with the clerk shall be marked with the case number and the date of filing and shall be placed in the case file in chronological order. The clerk shall maintain an alphabetical index of every civil case filed. All parties in each case shall be included in the index.
(b) Civil Judgments and Orders. The clerk shall keep, in such form and manner as the administrative director of courts may prescribe, a record of every final judgment or order.
(c) Civil Calendar. The clerk shall prepare a calendar listing all cases scheduled for hearings and trials. The calendar shall indicate the type of proceeding and shall distinguish jury actions from nonjury actions. A copy of the calendar shall be posted in a public place within the court building.
(d) Other Books and Records of the Clerk. The clerk shall also keep such other books and records as may be required from time to time by the administrative director of the courts.
(e) Records to Remain in Custody of Clerk. Except as otherwise provided by these rules or by order of the court, no record or paper belonging to the files of the court may be taken from the office or custody of the clerk.
(f) Use of Records by Court Officers. If it is necessary for a judge, master, examiner, magistrate or court reporter to use pleadings or other papers for purposes of the action or proceeding, at places other than the clerk's office, courtroom or judge's chambers, the same may be taken from the office of the clerk upon the delivery to the clerk of a receipt signed by the officer who desires the use of said papers.
(g) Records After Final Determination.
(1) After final judgment and after the time has passed for taking an appeal or filing a petition for review, all models, diagrams, exhibits and depositions heretofore or hereafter filed in any action, shall be returned to the submitting party, without the necessity of filing any copies thereof.
(2) After final judgment, and upon the filing of a stipulation waiving and abandoning the right to appeal, to petition for review, or to move for a new trial, all such models, diagrams, exhibits and depositions may be withdrawn from the clerk's office by the submitting party, without the necessity of filing any copies thereof.
(3) If such models, diagrams, exhibits, and depositions are not so returned or withdrawn as above indicated, the clerk shall destroy the same or make such other disposition of them as the court may approve.
(4) Nothing contained in this subdivision (g) of this rule shall prevent the court, for special reasons and after notice, from making such other order with respect to any files, models, exhibits and depositions as it may deem advisable.
(h) Documents Presented Ex Parte. Every document presented by counsel to the court ex parte in support of an order, when signed by the court, will be deemed to be in the custody of the court. Each such document shall forthwith be delivered by counsel presenting the same to the clerk for filing, unless the judge or the judge's secretary desires to retain any such document in chambers for delivery by such judge or the judge's secretary to the clerk.
(Adopted by SCO 5 October 9, 1959; amended by SCO 152 effective April 20, 1972; by SCO 163 effective May 30, 1973; by SCO 554 effective April 4, 1983; by SCO 1098 effective January 15, 1993; by SCO 1153 effective July 15, 1994; and by SCO 1210 effective July 15, 1994)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
