---

JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

NOTICE OF NON-COMPLIANCE - FEDERAL COURT CLERK

---

1. Clerk Authority and Duties

You serve as {{Clerk of Court / Deputy Clerk}} for the above-captioned matter, bound by:

• Federal Rules of Civil Procedure, particularly FRCP 58 (entry of judgment) and FRCP 79 (records maintained by clerk)
• Federal Rules of Criminal Procedure, particularly FRCrP 55 (records)
• Local Rules for the {{District}} District of {{State}}
• 28 U.S.C. §751 (Clerks)
• Public Access to Court Electronic Records (PACER)
• Privacy and Public Access Policy for electronic case files

---

2. Identified Non-Compliance

The following clerk duties required by federal law have not been performed as of {{date}}:

Issue 1: Failure to Enter Judgment (FRCP 58)

Pursuant to FRCP 58(b)(1):

"When the court awards only a sum certain or denies all relief, the clerk—unless the court orders otherwise—must, without awaiting the court's direction, promptly prepare, sign, and enter the judgment."

Despite {{court decision on {{date}} / jury verdict on {{date}}}}:

• No judgment has been entered on the docket (ECF docket as of {{date}})
• {{X}} days have elapsed since {{decision/verdict}}
• No written court order directing clerk not to enter judgment appears in the record
• FRCP 58(c)(2)(A) deadline (150 days for FRCP 4(a)(1) appeal deadline) is at risk

Effect on Parties:

Without entry of judgment:

• Appeal time under FRAP 4(a)(1) has not begun to run
• Judgment is not final or enforceable
• Post-judgment remedies (execution, garnishment, Fed.R.Civ.P. 60 motions) are unavailable
• Parties are in procedural limbo

Issue 2: Failure to Maintain Accurate Docket (FRCP 79)

Pursuant to FRCP 79(a):

"The clerk must keep a record of the court, to be known as the 'civil docket'... The clerk must enter in the docket all actions taken in the case."

The following docket errors/omissions exist:

• {{Example: Document filed {{date}} not docketed}}
• {{Example: Hearing held {{date}} not reflected on docket}}
• {{Example: Order issued {{date}} incorrectly docketed as {{wrong description}}}}
• {{Example: Sealed document accessible to public in violation of sealing order}}

Effect on Parties:

Inaccurate docket:

• Prevents accurate notice to parties and public
• Creates risk of missed deadlines based on docket entries
• Impairs appellate record preparation
• May violate privacy/sealing orders

Issue 3: {{If applicable - additional clerk violations}}

{{Examples:

• Failure to provide certified copies of docket/records despite request and payment
• Denial of public access to non-sealed records
• Incorrect CM/ECF filing stamps or processing
• Failure to process in forma pauperis application
• Refusal to accept pro se filing in proper format}}

---

3. Demand for Compliance

You are hereby demanded to:

A. Enter Judgment (FRCP 58)

Within five (5) business days of service of this notice:

1. Prepare, sign, and enter judgment reflecting {{court's decision / jury verdict / default}}.

2. Ensure judgment appears as separate docket entry on CM/ECF.

3. Ensure judgment complies with FRCP 58(a) (separate document requirement).

OR

Provide written explanation of why FRCP 58(b)(1) does not require clerk's entry of judgment, including:

• Written court order directing clerk not to enter judgment
• Explanation of why judgment does not involve "sum certain" or "denial of all relief"

B. Correct Docket Errors (FRCP 79)

Within five (5) business days of service of this notice:

1. {{Docket document filed {{date}} under ECF No. {{X}}}}

2. {{Correct docket entry {{ECF No.}} to reflect {{accurate description}}}}

3. {{Remove public access to sealed document ECF No. {{X}} per sealing order dated {{date}}}}

4. {{Other docket corrections}}

OR

Provide written explanation of why docket corrections are not required, including legal basis and factual justification.

C. {{Additional Demands if Applicable}}

{{Examples:

• Provide certified copy of docket and specified documents (payment enclosed: ${{X}})
• Process IFP Application filed {{date}} and issue order granting/denying
• Accept pro se filing tendered {{date}} which complies with local rules
• Correct CM/ECF technical error preventing filing of {{document type}}}}

---

4. Legal Authority

FRCP 58 - Mandatory Clerk Duty to Enter Judgment

FRCP 58(b)(1) uses the mandatory word "must": the clerk must "promptly prepare, sign, and enter the judgment." This is not discretionary when the court awards a sum certain or denies all relief.

Bankers Trust Co. v. Mallis, 435 U.S. 381, 384 (1978): The separate document requirement of FRCP 58 "was designed to ensure that litigants can determine with certainty when a judgment has been entered."

{{Circuit}} Circuit precedent: {{Insert circuit case on FRCP 58 clerk duties}}

FRCP 79 - Mandatory Docket Maintenance

FRCP 79(a) requires the clerk to "keep a record" and "enter in the docket all actions taken in the case." This creates a ministerial duty to maintain accurate records.

Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978): Common law right of access to judicial records. Accurate docketing is essential to this right.

28 U.S.C. §751 - Clerk Duties

"The district court may appoint a clerk who shall be subject to removal by the court. The clerk... shall... perform the duties assigned to the clerk by the court."

Clerk's duties include those imposed by FRCP 58, 79, and local rules. These are ministerial, not discretionary.

Public Access to Court Records

E-Government Act of 2002, 44 U.S.C. §3501 note, and Judicial Conference policy on public access require accurate, accessible electronic records.

---

5. Record Preservation and Further Relief

This Notice of Non-Compliance serves as:

• Formal notice of clerk non-compliance for administrative and judicial review
• Preservation of objection to docket errors and delayed judgment entry
• Predicate for the following relief if compliance is not forthcoming:

Administrative Remedies:

1. Complaint to {{District}} Chief Judge regarding clerk performance
2. Complaint to Circuit Judicial Council
3. Contact Administrative Office of U.S. Courts

Judicial Remedies: 4. Motion to Direct Clerk to Enter Judgment (FRCP 58) 5. Motion to Correct Docket (FRCP 79) 6. Mandamus petition to Circuit Court to compel ministerial duty (28 U.S.C. §1651)

Direct Relief: 7. Request for meeting with Clerk of Court to resolve issues 8. Escalation to Chief Deputy Clerk

---

6. Ministerial vs. Discretionary Duties

The duties demanded in this notice are ministerial, not discretionary:

Ministerial Duty Defined:

A ministerial duty is one "so plainly prescribed as to be free from doubt." Heckler v. Roe, 465 U.S. 312, 314 (1984).

Examples:

• FRCP 58(b)(1): If court awards sum certain or denies all relief, clerk must enter judgment. No discretion.
• FRCP 79(a): Clerk must enter all actions in the docket. No discretion about whether to docket.
• Certified Copies: Clerk must provide upon request and payment. 28 U.S.C. §1914. No discretion to refuse.

Contrast with Discretionary:

Clerk has no discretion to:

• Refuse to enter judgment when FRCP 58(b)(1) applies
• Omit actions from the docket
• Deny access to public records
• Refuse certified copies upon proper request and payment

---

7. Service and Filing

This Notice of Non-Compliance is:

• Filed via CM/ECF on {{date}}
• Served on Clerk of Court via {{email / hand delivery / certified mail}}
• Served on all parties via CM/ECF
• Copy provided to {{Chief Judge / Clerk's Office Manager}} as courtesy

---

CONCLUSION

The clerk's duties under FRCP 58 and 79 are ministerial and mandatory. The Federal Rules use the word "must" to denote these obligations, leaving no room for discretion or delay.

Entry of judgment and maintenance of accurate dockets are fundamental to the proper functioning of the federal courts. Failure to perform these duties impairs parties' rights and public access to justice.

I respectfully request that the Clerk's Office comply with FRCP 58 and 79 by {{entering judgment / correcting docket / providing records}} within five (5) business days.

---

Respectfully submitted,

---

{{Your Signature}} {{Your Name}} {{Pro Se Party / Attorney for {{Party}}}} {{Address}} {{Phone}} {{Email}}

---

CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, a true and correct copy of this Notice of Non-Compliance was filed via CM/ECF, served on all parties, and {{delivered to Clerk's Office via {{method}}}}.

---

{{Signature}} {{Name}}

---

APPENDIX: RELEVANT AUTHORITIES

Federal Rules of Civil Procedure:

• FRCP 58(a): Separate document requirement for judgments
• FRCP 58(b)(1): Clerk's duty to enter judgment promptly
• FRCP 58(c)(2)(A): 150-day deadline for entry of judgment (triggering FRAP 4(a) appeal time)
• FRCP 79(a): Civil docket maintained by clerk
• FRCP 79(c): Certified copies of docket entries

Federal Rules of Appellate Procedure:

• FRAP 4(a)(1): Time for filing notice of appeal (30/60 days from entry of judgment)
• FRAP 4(a)(7): Entry of judgment defined

United States Code:

• 28 U.S.C. §751: Clerks
• 28 U.S.C. §753: Court reporters (for transcript issues)
• 28 U.S.C. §1914: District court filing fees
• 28 U.S.C. §1651: All Writs Act (mandamus authority)

Supreme Court Precedent:

• Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978) (FRCP 58 separate document requirement)
• Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978) (public access to court records)
• Heckler v. Roe, 465 U.S. 312 (1984) (ministerial duty definition)

{{Circuit}} Circuit Precedent: {{Insert controlling circuit cases on clerk duties, FRCP 58 entry of judgment, docket maintenance}}

Judicial Conference Policies:

• Policy on Privacy and Public Access to Electronic Case Files
• E-Government Act of 2002 implementing procedures

Local Rules: {{Insert applicable local rules - e.g., procedures for requesting certified copies, clerk's office hours, CM/ECF technical requirements}}

---

Resources:

• FRCP full text: https://www.law.cornell.edu/rules/frcp
• {{District}} Local Rules: {{Insert district court local rules URL}}
• Clerk's Office Contact: {{Insert clerk's office phone and email}}
• CM/ECF Help Desk: {{Insert CM/ECF technical support contact}}

---

Common Clerk Duties Summary:

Duty	Authority	Ministerial?
Enter judgment (sum certain or denial of all relief)	FRCP 58(b)(1)	Yes
Maintain accurate docket	FRCP 79(a)	Yes
Provide certified copies upon request & payment	28 U.S.C. §1914	Yes
Process IFP applications	28 U.S.C. §1915	Yes (forward to judge)
Accept filings in proper format	FRCP, Local Rules	Yes
Seal/unseal records per court order	Court order	Yes (no discretion)
Provide public access to non-sealed records	Common law, E-Gov Act	Yes