Legal Definitions - clerk's record

The clerk's record refers to the official collection of all documents formally filed with the court clerk in a particular legal case. This compilation typically includes formal papers such as initial complaints, answers, motions, orders issued by the judge, and final judgments. It serves as the official written history of the case's procedural journey, distinct from the verbatim transcript of what was said during court proceedings (which is usually maintained by a court reporter).

Here are some examples illustrating the clerk's record:

• Imagine a civil lawsuit where a homeowner sues a contractor for faulty renovation work. The clerk's record for this case would contain the homeowner's initial complaint outlining the allegations, the contractor's formal response, any motions filed by either party (such as a request to dismiss the case or to compel discovery), the judge's written orders on those motions, and the final judgment or settlement agreement that was officially submitted to the court. This collection of documents provides a complete paper trail of how the case progressed through the legal system.

• Consider a criminal case where an individual is accused of a serious offense. The clerk's record would include the formal charging document (like an indictment or information), any orders related to bail, motions filed by the defense (for example, a motion to exclude certain evidence) or by the prosecution, the judge's written decisions on those motions, and the official sentencing order if the defendant is found guilty or pleads guilty. These documents are essential for understanding the procedural steps taken in the criminal prosecution.

• When a company decides to appeal a lower court's decision in a business dispute, the appellate court will review the case based on the official record from the trial court. A significant part of this review involves examining the clerk's record. This would include all the pleadings, motions, and court orders that were filed during the original trial. The appellate judges rely on this compiled record to understand the legal arguments made, the evidence presented in written form, and the procedural rulings issued by the trial judge, without having to re-hear the entire case.