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The magistrate judge's seat is not a separate court; the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate ...
A justices' clerk had the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and give directions ...
A court clerk (British English: clerk to the court or clerk of the court / k l ɑːr k /; American English: clerk of the court or clerk of court / k l ɜːr k /) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors [1] [2] as well as performing some quasi-secretarial duties. [3]
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court.
Rule 43 addresses the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs authentication of official records. Rule 45 deals with subpoenas. A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both.
The clerk's duties are prescribed by the statute and by Supreme Court Rule 1, and by the court's customs and practices. The clerk of the Supreme Court is a court clerk. The role of the clerk and deputies or assistants should not be confused with the court's law clerks, who assist the justices by conducting research, making recommendations on ...
The post was formally known as police magistrate when the courts were known as police magistrate courts. Magistrates have jurisdiction over the criminal cases filed under the penal code. They carry out first mortem and post mortem examinations, issue search warrants and arrest warrants, produce suspected persons and grant bail.
The Judiciary Act required each clerk to issue the writs summoning jurors and "to record the decrees, judgments and determinations of the court of which he is clerk." The Judicial Code (28 U.S.C. § 751) provides that the clerk is appointed, and may be removed, by the court. The clerk's duties are prescribed by the statute, by the court's ...