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On appeal, how can I tell when a Court issues an order and the Clerk of the Court does?  I understand the Clerk of the Court can dispense with certain procedural motions that are not dispositive.  However what throws me off is the wording of the orders like for example "per curiam" and "sua sponte", when these words are used in the order I get the impression its single judge or a panel of judges. 

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15 minutes ago, foolish said:

On appeal, how can I tell when a Court issues an order and the Clerk of the Court does?  I understand the Clerk of the Court can dispense with certain procedural motions that are not dispositive.  However what throws me off is the wording of the orders like for example "per curiam" and "sua sponte", when these words are used in the order I get the impression its single judge or a panel of judges. 

 

Per curiam means an opinion or order of the court that does not specify the judge who wrote it. It is a decision of the panel as a whole. These are generally very short unanimous decisions of the appeals court based on things like the appeal is frivolous, the issue is one that is well settled and easily disposed of, etc. Basically, they are decisions that are easily decided and don't require much explanation. But they are certainly the decisions of the judges, not some administrative act of the court clerk.

 

A decision sua sponte simply means the court decided to take that action on its own rather than pursuant to a request by one of the parties to the case.

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I understand both the meaning of per curiam and sua sponte what throws me off is that it signed by the Clerk and not a judge on behalf of the other judges.  Can the court issue the order and the Clerk sign it?  which would explain the wordings that caught me off guard and is festering. Or is there another explanation that I have am not aware of?

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11 hours ago, foolish said:

On appeal, how can I tell when a Court issues an order and the Clerk of the Court does?

 

Clerks perform the ministerial task of mailing or electronically serving orders, but clerks do not otherwise issue orders.

 

 

11 hours ago, foolish said:

I understand the Clerk of the Court can dispense with certain procedural motions that are not dispositive.

 

That depends on the laws of the state or jurisdiction where the case is pending.

 

 

11 hours ago, foolish said:

what throws me off is the wording of the orders like for example "per curiam" and "sua sponte", when these words are used in the order I get the impression its single judge or a panel of judges.

 

Sua sponte (a Latin phrase that means spontaneously) refers to an order issued by a court without a request or motion by any party.  Per curiam (meaning by the court) refers to an order or decision issued by a multi-judge panel where the authorship of the opinion is not expressly attributed to any judge in particular.

 

 

11 hours ago, foolish said:

what throws me off is that it signed by the Clerk and not a judge on behalf of the other judges.

 

You're concerning yourself with form over substance.

 

 

11 hours ago, foolish said:

Can the court issue the order and the Clerk sign it?

 

You just wrote a sentence telling us that this happens, so you obviously already knew the answer to this question.

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17 hours ago, foolish said:

Can the court issue the order and the Clerk sign it?

 

Yes. The clerk signs it for the court when the order gets filed. Don't let yourself get distracted by this sort of thing. The judges make the decisions on the cases. The clerk just takes care of the the administrative tasks for the court. 

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