Article 7. Clerk of California Government Code >> Title 8. >> Chapter 5. >> Article 7.
(a) The clerk of the court shall exercise or perform, in
addition to the powers, duties, and responsibilities provided by
statute, any powers, duties, and responsibilities required or
permitted to be exercised by the county clerk in connection with
judicial actions, proceedings, and records. The county clerk is
relieved of any obligation imposed by law on the county clerk with
respect to these powers, duties, and responsibilities.
(b) A deputy court clerk is subject to the provisions of Article 7
(commencing with Section 1190) of Chapter 1 of Division 4 of Title
1.
The clerk of the superior court shall attend each session of
the superior court in the county and upon the judges of the court in
chambers when required.
The clerk of the superior court shall keep such indexes as
will insure ready reference to any action or proceeding filed in the
court. There shall be separate indexes of plaintiffs and defendants
in civil actions and of defendants in criminal actions. The name of
each plaintiff and defendant shall be indexed and there shall appear
opposite each name indexed the number of the action or proceeding and
the name or names of the adverse litigant or litigants.
The clerk of the superior court shall issue all process and
notices required to be issued.
The clerk of the superior court shall keep the minutes and
other records of the court, entering at length within the time
specified by law, or forthwith if no time is specified, any order,
judgment, and decree of the court which is required to be entered and
showing the date when each entry is made. Failure so to enter the
date or failure to enter the order, judgment, or decree within the
time specified in this section shall not affect the validity or
effectiveness of the entry.
On and after July 1, 1997, each clerk of the superior
court shall prospectively certify and submit those court records
specified by the Judicial Council which relate to criminal
convictions for entry into a computer system operated by the
Department of Justice that can be accessed by authorized agents of
any district attorney or other state prosecuting agency. This section
shall not be construed to require a superior court to acquire any
new equipment or to implement any new procedures.
Notwithstanding any provisions of law to the contrary, in
those counties where it is required by court order or rule that the
clerk of the superior court place individual minute orders in the
court's file of actions in chronological order, and if it is
otherwise required by law that as a prerequisite to destruction of
such records a microfilm copy thereof be made, the clerk shall not be
required to keep a minute book but shall be required to keep
minutes. Nothing contained herein shall eliminate the requirement for
a judgment book where judgments and decrees are required to be
entered.
The clerk of the superior court may keep a register of
actions in which shall be entered the title of each cause, with the
date of its commencement and a memorandum of every subsequent
proceeding in the action with its date.
In lieu of maintaining a register of actions as described
in Section 69845, the clerk of the superior court may maintain a
register of actions by preserving all the court records filed,
lodged, or maintained in connection with the case.
The clerk of the superior court shall safely keep or dispose
of according to law all papers and records filed or deposited in any
action or proceeding before the court.
The clerk of the superior court shall endorse on each
paper filed with the court the day, month, and year it is filed.
The clerk of the superior court shall provide two books. In
one of the books the clerk shall enter in alphabetical order the
names of each person who has declared his intention to become a
citizen of the United States since the organization of the court and
the date of such declaration. In the other book the clerk shall enter
in alphabetical order the name of each person who has been admitted
a citizen of the United States by the court, and the clerk shall also
enter in separate columns opposite each name, the country of which
the person was before a citizen or subject, the date of his
admission, and the page of the book of the record of the court
containing the order admitting him as such citizen.
The clerk of the superior court may use a facsimile
signature on any court documents regularly maintained in the ordinary
course of business for the purpose of filing or certifying those
documents, provided the authorized deputy initials the facsimile
signature.