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10-10-16 Chambers Handbook for Judges’ Law Clerks and Secretaries (Federal JudicialCenter1994)
Page numbers refer to page numbers printed at the bottom of the record itself.The only reference to PACER is copied below. No reference at all was found in the document to CM/ECF.However, that may be due to the date of publication of the Handbook.Page 1: “Law clerks and secretaries have no statutorily defined duties; they carry out their judges’instructions”.Page 1:
In most chambers, law clerks concentrate on legal research and writing, while secretaries have primaryresponsibility for administrative matters.”
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B. Processing Litigation
The major steps in civil cases are as follows:• Plaintiff commences action by filing a complaint with the clerkof court.• Personal jurisdiction is obtained over defendant (e.g., by serviceof process).
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E. Service of Summons and Complaint; Waiver of Service
The Federal Rules of Civil Procedure give the plaintiff the option ofnotifying a defendant of the commencement of a lawsuit by (1) servingthe defendant with a summons and a copy of the complaint, or (2)providing the defendant with written notice of the lawsuit, along witha request that the defendant waive service of the summons, in order toavoid the costs of service. Service of a summons or filing a waiver ofservice establishes jurisdiction over the person of a defendant, subjectto the territorial limits upon effective service contained in Federal Ruleof Civil Procedure 4(k).
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A plaintiff electing to serve a summons on a defendant may presentthe summons to the deputy clerk either upon or after filing the complaint.If the summons is in proper form, the clerk signs it, places theseal of the court on it, and issues it to the plaintiff for service on thedefendant. A summons (or a copy of the summons, if it is addressed tomultiple defendants) must be issued for each defendant to be served.
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N. Automation
The courts are increasingly assisted by computers. All chambers areequipped with personal computers for use by secretaries, and, in manychambers, law clerks also have access to personal computers. Whilethese are used primarily for word processing, other computer assistanceis available. CHASER (chamber access to electronic records), an automatedcase-management retrieval system for chambers that is now runningin pilot courts, helps judges and chambers staff access docketsheets, calendars, and motions information, as well as various statisticaland inventory reports and other data stored in the clerk of court’soffice. Some courts have PACER (public access to electronic records),which can now be made to perform many of the same functions. Thesesystems enable the judge or staff to determine, among other things,pending cases and the date of most recent activity, all pending motions,all matters under submission, and compliance with pretrial ordersand filing deadlines.
Digitally signedby Joseph Zernik DN: cn=Joseph
Zernik, o, ou,email=jz12345@earthlink.net, c=USDate: 2010.10.1615:01:52 +03'00'
Chambers Handbook for Judges’ LawClerks and Secretaries
Federal Judicial Center 1994
The appendix to this printing of the
Chambers Handbook
contains theCode of Conduct for Judicial Employees adopted by the Judicial Con-ference of the United States on September 19, 1995. This Code replacesthe Code of Conduct for Law Clerks, which was included in the previ-ous printing of this publication.This Federal Judicial Center publication was undertaken in furtheranceof the Center’s statutory mission to develop and conduct educationprograms for judicial branch employees. The views expressed are thoseof the authors and not necessarily those of the Federal Judicial Center.
iiChambers Handbook for Judges’ Law Clerks and SecretariesThis page intentionally left blank to facilitate printing double-sided.
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Page numbers refer to page numbers printed at the bottom of the record itself.
The only reference to PACER is copied below. No reference at all was found in the document to CM/ECF. However, that may… (More)
The only reference to PACER is copied below. No reference at all was found in the document to CM/ECF. However, that may… (More)
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