Demand for Court Clerk to File

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NOTICE OF DUTY This is formal notice to the Clerk of the Tenth Judicial District Court that the undersigned is presenting attached documents for immediate filing into the court record. The Clerk of Court is statutorily and ministerially required to accept and file all papers presented as a matter of ministerial duty. As a public…

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  1. NOTICE OF DUTY

This is formal notice to the Clerk of the Tenth Judicial District Court that the undersigned is presenting attached documents for immediate filing into the court record. The Clerk of Court is statutorily and ministerially required to accept and file all papers presented as a matter of ministerial duty.

As a public officer of trust and profit  of the court, the Clerk does not possess judicial discretion to refuse, alter, or delay the filing of documents presented by any member of the public, party, or interested individual.

This duty is established under:

  • Minnesota Statutes Chapter 485 – Clerks of Court;
  • Minn. Stat. § 485.05: Clerk must “file all papers delivered to the clerk to be filed in any action or proceeding.”;
  • Constitutional guarantees of access to the courts and due process under:
    • U.S. Const. Amend. I and XIV
    • Minn. Const. Art. I, Sec. 8 and Sec. 7

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