Clerk of Court

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Clerk of Court

ARTICLE 2 - CLERK 

5-3-201.  Office created; term; election in counties of first and second class; county clerk designated ex officio clerk in other counties.  

There shall be a clerk of the district court in each organized county of the state whose term of office shall be four (4) years and until his successor is elected and qualified. Clerks of the district court shall be elected at general elections in counties of the first and second class; and in all other counties the county clerk shall be ex officio clerk of the district court, and shall perform all of the duties pertaining to the office of clerk of the district court. 

5-3-202.  Duties generally.  

Each clerk of the district court shall keep and make up the records and books of the court of his particular county, receive all cases filed therein, properly record and attend to the same, and shall have the care and custody of all the records, seal, books, papers and property pertaining to his said office or the court of the county for which he is elected and which may be filed or deposited therein, and shall receive, account for and pay over all money that may come into the possession of the court according to law, and under the orders or decrees of the court, except that which shall be received by master commissioners. He shall keep all records and files in criminal cases, and attend to all duties required of the clerk in relation thereto. He shall attend upon the terms of court held in the county for which he is elected, and perform such duties relating to his office as may be required of him by the court, and shall perform all such other duties relating to his office as are required of him by law or the rules and practice of the courts. 

5-3-203.  Vacation of office; filling of vacancies.  

The office of the clerk of the district court shall be deemed vacated under the  circumstances provided by W.S. 22-18-101. Any vacancy in the office of the clerk of the district court shall be filled as provided by W.S. 22-18-111. 

5-3-204.  Salaries to be paid by county.  

The salaries of clerks of the district courts shall be paid by the county in which they respectively act, in monthly installments, after services are performed. 

5-3-205.  Collection of fees in advance; payment to treasurer; liability for collection.  

All fees prescribed by statute for civil business, shall be collected in advance by the clerk and paid to the treasurer of the county at the end of each month, except that the clerk shall remit the court automation fee prescribed by W.S. 2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to the judicial systems automation account established by W.S. 5-2-120 at the end of each month. The clerk shall be liable under his bond for the collection and payment of such fees. 

5-3-206.  Fees. 

(a)  For all civil matters filed or commenced,  the clerk of each district court shall charge the following fees:  

(i)  For filing instruments or documents in each civil action and certifying one (1) copy of any order, decree or judgment at the time of its filing for each party, an original filing fee of seventy dollars ($70.00) which shall be paid by the plaintiff.  This fee shall apply to original actions commenced and to actions that are reopened after a final decree previously has been entered. 

(ii)  For issuing commission to take deposition, seventy-five cents ($.75);  

(iii)  For taking depositions and the certificate, seal and transmission thereof, five dollars ($5.00);

 (iv)  For taking affidavit or acknowledgment, certifying and sealing same, fifty cents ($.50) for each person;  

(v)  For each certificate and seal, fifty cents ($.50);  

(vi)  For copying or photostating any record or paper of the clerk's office when the instrument, record or paper contains one (1) page, one dollar ($1.00), and when more, fifty cents ($.50) for each additional page;  

(vii)  For all transcripts in cases appealed to the supreme court.

(viii)  For copies of other documents made by a county operator, fifty cents ($.50) for the first page and twenty-five cents ($.25) for each additional page;  

(ix)  For filing, recording and issuing certificates of intention to become citizens of the United States and for final naturalization, including oath and record, in accordance with the fee schedule of the United States immigration and naturalization service;  

(x)  For docketing and in payment of clerk's fee after docketing incident to any appeal or bill of exception from a justice's court, thirty dollars ($30.00), and for docketing any transcript of judgment from justice's court upon the judgment and execution dockets, twenty dollars ($20.00), which amount shall be paid by appellant, or by judgment holder to the clerk at time of docketing. Ten dollars ($10.00) of any fee imposed under this paragraph shall be for court automation and shall be remitted as provided in W.S. 5-3-205. 

5-3-207.  Statement of costs mailed to parties to actions. 

If requested by a party to a case, the clerk of the court shall make up an itemized statement of the court costs in the case and mail a copy to the requesting party. 

5-3-208.  Amount of bond; conditions.  

Each clerk upon entering on the duties of his office, shall give a bond in the penal sum of not less than ten thousand dollars ($10,000.00) to the county with two (2) or more sufficient sureties to be approved by the county commissioners conditioned upon the faithful performance of the duties of his office, the proper collection and turning over all fees and the proper payment of all moneys collected by him and he shall from time to time give such additional bond as the judge of the court may require. 

5-3-209.  Clerk liable on bond for acts of deputies; deputy's bond.  

Each clerk shall be liable upon his official bond for all acts of his deputies, but each clerk may take from his deputies a bond to himself to indemnify him on account of the acts of his deputies. 

5-3-210.  Duty as custodian of seal; seal to be attached to official papers.  

The clerk of the district court shall be custodian of the seal of said court, which seal shall be kept in the office of the clerk of the district court in the respective counties and shall be attached to all writs, orders, or other instruments that the clerk of the district court is now or may hereafter be required or permitted to sign or certify in his official capacity. 

5-3-211.  Books and records to be kept.  

The clerk of district court shall keep an appearance docket, a trial docket, journal, record and execution docket. The appearance docket, record and execution docket may be kept and preserved in one (1) book. 

5-3-212.  Entries on appearance docket and their effect.  

The clerk shall enter on the appearance docket, at the time of the commencement of an action or proceeding, the names of the parties in full, with names of counsel, and forthwith index the case, direct and reverse, in the name of each plaintiff and defendant. He shall also enter at the time it occurs, under the case so docketed, the issue of the summons or other mesne process or order, and the filing of each paper, and he shall note on the appearance docket the date of issuance, date of service and how served and date of filing, which will be evidence of such service. 

5-3-213.  Clerk not to act as attorney.  

No clerk of the district court or county clerk in counties wherein such clerk is ex officio clerk of the district court, shall accept employment or retainer as an attorney-at-law or give any advice as such in any action, cause or proceeding pending in the court, wherein he is such clerk.