what court clerks can and cannot do
Court Clerks Have Responsibilities and Obligations
Montana court clerks have certain duties and responsibilities when helping the citizens of Montana. .
Court clerks do not know the answers to all questions about court rules, procedures, and practices.
If a Court Clerk does not know the answer to a particular question or is unable to provide you with an answer you will be directed to talk with an attorney.
What Can a Court Clerk do and Cannot Do?
Court Clerks CAN:
- CAN give information
- CAN answer general questions about how the county court works
- CAN provide you with contact information for legal service programs
- CAN give you general information about court rules, terminology, procedures and practices
- CAN give you legal definitions
- CAN give procedural definitions
- CAN cit statutes, court rules and ordinances.
- CAN give you public case information
- CAN give you forms and instructions on how to complete them
- CAN review your form(s) by checking for signatures, notarization, correct county name and case number (if applicable)
- CAN answer general questions about court deadlines.
Court Clerks CANNOT:
- CANNOT give legal advice by law.
- CANNOT explain judicial decisions, let you speak to the Judge outside of the courtroom or talk to the judge about your case and what will happen with your case.
- CANNOT refer you to specific lawyers, bail bondsmen, contact programs or lawyers or bail bondsmen for you or give answers that involve or pertain to legal advice.
- CANNOT give you legal interpretations of the law
- CANNOT give you procedural advice
- CANNOT complete research of statutes, court rules or ordinances
- CANNOT give you confidential case information
- CANNOT deny access, discourage access or encourage litigation.
- CANNOT fill out forms for you except for persons with disabilities.
- CANNOT correct forms for you or tell you what corrections should be made.
- CANNOT change an order issued by a judge.