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TITLE 38 App. > RULES > Rule 45

Rule 45. Duties of Clerk

(a) General Provisions. The Clerk must take the oath required by law. Neither the Clerk nor any deputy clerk may practice as an attorney or counselor in any court while continuing in office. The Court is always open for the purpose of receiving a facsimile transmission of any paper, except a brief (see Rule 25 (a)(2)). The office of the Clerk, with the Clerk or a deputy clerk in attendance, is open during business hours on all days except Saturdays, Sundays, legal holidays, and other days when the Court is closed (see Rule 26 (a)) from 9:00 a.m. to 4:00 p.m. A night box is available at the entrance to the Public Office from 4:00 p.m. to 6:00 p.m. on all days that the Court is open.
(b) The Docket; Calendar; Other Records Required. The Clerk will—
(1) maintain a docket containing a record of all papers filed with the Clerk, and all process, orders, and judgments;
(2) maintain an index of cases contained in the docket;
(3) prepare, under the direction of the Court, a calendar of cases submitted or awaiting argument; and
(4) keep such other books and records as may be required by the Court.
(c) Notice of Court Actions. Immediately upon issuance of an opinion, memorandum decision, order, entry of the judgment, or issuance of the mandate, the Clerk will send a copy to each party to the proceeding and note in the docket the issuance or entry date.
(d) Custody of Records and Papers. The Clerk will have custody of the records and papers of the Court. The Clerk will not permit any original record or paper to be taken from the Clerk’s custody except as authorized by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit, or the Court. Original papers transmitted as the record on appeal will be returned upon disposition of the case. The Clerk will preserve copies of briefs and appendices and other printed papers filed.
(e) Court Seal. The Clerk is the custodian of the seal of the Court. The seal will appear as ordered by the Court. The seal is the means of authentication of all records and certificates and process issued from the Court.
(f) Schedule of Fees. The Clerk will maintain in the Public Office a schedule of fees approved by the Court.
(g) Motions. Unless a case has been assigned to a judge or judges, the Clerk may act on motions, if joint, consented to, or unopposed, that seek to—
(1) dismiss or terminate an appeal or petition with or without prejudice to reinstate it;
(2) remand a case;
(3) reinstate a case that was dismissed for failure to comply with the rules;
(4) extend the time for taking any action required or permitted by the rules or by an order of the Court, unless the motion is made after the time limit has elapsed or unless the basis for the motion is extraordinary circumstances as required by Rule 26 (b);
(5) consolidate appeals;
(6) withdraw or substitute an appearance; or
(7) correct a brief or other paper.
(h) Applications for Attorney Fees and Expenses. The Clerk may grant an application for attorney fees and expenses filed pursuant to 28 U.S.C. § 2412 (d) when the Secretary does not contest the application, and may grant joint motions to dismiss such applications.
(i) Sua Sponte Dismissal of Cases. The Clerk may dismiss a case for the appellant’s failure to pay the filing fee or to file a brief. See also Rule 35 (a).
(j) Construction of Rules in Self-Representation Cases. Consistent with the practice of the Court, the Clerk will liberally construe the rules as they apply to self-represented appellants.
(k) Nonconforming Papers. Except where return of a paper is required by these rules for a specific reason (see Rules 5 (d), 24, 26 (d), 27 (e) and 28 (e)), if the Court receives any paper that does not conform to these rules, the Clerk will receive, but not file, the paper; however, if it is a jurisdiction-conferring paper, the paper will be filed notwithstanding any other provision of these rules. In every case, the Clerk will promptly notify the party of the defect(s) to be corrected and may, in accordance with guidance from the Board of Judges, stay proceedings for a reasonable time in order to permit submission of a conforming paper. Failure to submit such conforming paper in a timely manner may result in the dismissal of the matter.

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