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What types of advice can the Clerk’s Office personnel give?

Answer: 

Clerk’s Office staff cannot give “legal advice” or “practice law” as they are prohibited under Title 28 U.S.C. Section 955. Therefore, Clerk’s Office personnel cannot:

  • Explain the meaning of a specific rule
  • Make an interpretation of case law
  • Explain the result of taking or not taking an action in a case
  • Answer whether jurisdiction is proper in a case
  • Answer whether a complaint properly presents a claim
  • Provide advice on the best procedure to accomplish a particular objective

Clerk’s Office staff CAN provide procedural information such as:

  • Instructions on how to execute a task (e.g. number of copies, use of forms etc.)
  • Provide information as to compliance with this Court’s policies