Sometimes a court clerk might refuse to file a document because it does not meet certain form guidelines. A clerk is not permitted to refuse filing a document for form as required by rule 5.(d)(4) of the Federal Rules of Civil Procedures specifically state,
5.(d)(4) Acceptance by the clerk. A clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.
This is an important rule especially for those who are preceding in a court of record. Although a court of record proceeds according to common law, the sovereign can choose the Federal Rules by which to proceed. This is one of the ways to get a clerk to do his job. Since law is the decree o the sovereign, sovereigns can decree that some statutes apply in his case.
A court clerk does not have the authority to make any decisions. His duties are ministerial and not tribunal. The tribunal is who gets to make the decisions regarding the quality of a paper. So if at first a clerk will not fuile your papers. simply state politely that he file them on demand. If that fails, present the clerk with an order from the court of record. You may have to mail if by registered mail before the clerk will comply.
As you will see in the attached template, the anyone who removes a document from the record can be punished for up to three years in prison according to.
18 USC § 2071
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
There is also case law that specifies that a document is filed once it is delivered to the clerk. It does not have to be stamped and sign. That is done merely to designate a time of filing. In one case, the court opined that a document is filed even if delivered to a deputy clerk at night at his home.
it is settled law that delivery of a pleading to a proper official is sufficient to constitute filing thereof. United States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916); Milton v. United States, 105 F.2d 253, 255 (5th Cir. 1939). In Greeson v. Sherman, 265 F. Supp. 340 (D.C.Va.1967) it was held that a pleading delivered to a deputy clerk at his home at night was thereby "filed." (Freeman v. Giacomo Costa Fu Adrea, 282 F. Supp. 525 (E.D.Pa. 04/5/1968).)
Read the rest of the Order to the Clerk attach hereto. It has good information regarding the duties of the clerk.
I remember, do not argue with a deputy clerk. Nobody ever wins an argument. The deputy clerk is not someone who you debate law with. They are simply paper warehousers. and do not usually comprehend such things. Send you order directly to the clerk along with a letter explaining the crime being committed by the deputy clerk and he will usually perform his duties as the law requires.
Do not forget to edit the template. Everything in red font need to be update. You may also want to change the header to better suit local practice.