Legal Definitions - waiting clerk

A waiting clerk was a historical legal position in England, specifically an official who served the Court of Chancery. This individual was responsible for being present and available to assist the court and its judges with various administrative and procedural tasks during court sessions. The role of the waiting clerk was abolished in 1842 by the Court of Chancery Act.

Here are some examples illustrating the role of a waiting clerk:

• Imagine a busy day in the English Court of Chancery in 1810. The presiding judge requires immediate access to a specific legal precedent cited in a barrister's argument. A waiting clerk would be on hand to quickly retrieve the relevant legal text or court record from the court's library or archives, ensuring the proceedings could continue without interruption.

  This example illustrates how the waiting clerk's constant attendance allowed them to provide prompt administrative support, directly assisting the court in its daily operations.

• During a complex equity case in the early 19th century, a solicitor might need to submit an urgent amendment to a pleading or a new affidavit to the court. A waiting clerk would be the designated officer available to receive such documents and ensure they were properly filed and brought to the attention of the appropriate judicial officer.

  This example demonstrates the waiting clerk's function as a direct point of contact and facilitator for procedural matters within the court, acting as an immediate aide to the court's administrative flow.

• Consider a scenario where the Court of Chancery needed to dispatch a message or a summons to a party waiting outside the courtroom, or to another department within the court system. A waiting clerk would be the dedicated official available to carry out such instructions, acting as a reliable messenger and ensuring the smooth communication necessary for court functions.

  This example highlights the general support role of the waiting clerk, being constantly available to perform various tasks as directed by the court, thereby contributing to its overall efficiency.