*Ooops! Sorry about bad thread title. It should be something along the lines of : Dealing with the judge, and a pox upon the court clerk. *
I’m changing my name, legally.
If I have a file of 4 separate pages, we’ll call them pages 1-4, how do I arrange them?
Do I go 1-1-1, 2-2-2, 3-3-3, 4-4-4, or do I go 1-4, 1-4, 1-4? Do I staple them, paperclip them, or leave them unconnected? Can I use the double hole at the top of a manilla folder and stick an Asco clip through the top?
The Clerk gave me such a rasher of shit that I think that the Asco clip, being metal, would probably be construed as a weapon, so, I thought I’d ask our legal beagles.
Will I need a Contents page on top of all of them? If not, would that be advisable?
Next: The Order page.
Finally, the referenced webpage said to have at least 2 (or 3?) copies of the Order for the judge to sign, and get certified copies. I want about 5-so, what do I do? Say “Here, Your Honor, sign these 5, please”, or, will he ask how many I need? Do I just give the 3 copies of my file to him with extra Order pages? Will the judge sign just one, and make me get copies from the Clerk? Sign all 5 and have me get them certified from the clerk? I can’t see a judge signing 5 sheets of the same thing for my convenience, but, who knows?
Ok - I’m basing my response on what I would do if this was in Maryland.
I’d do 1-4, 1-4, 1-4. If memory serves - they don’t like them stapled.
Usually when I files stuff I enclose a cover letter. Write it as a standard business letter with the date - and case number (which I’m guessing you don’t have yet). I would usually write something like "Dear clerk, enclosed you will find x copies “Petition to do XYZ”, y copies of “Notice to do whatever” , and z copies of the a proposed order. I always refer to an order I have written that has yet to be signed a “proposed” order.
My guess is you will need 5 separate certified copies of one order. It won’t make sense to have him sign five different ones - as each one would need to be certified - so the clerk is going to have to make 5 copies anyway. It is easy to make five copies of one original than 1 copy of five originals.
But it appears they want you to have multiple copies. Usually in civil or criminal cases this is so you can leave one with the court, send one to the other side, and keep on for yourself. I’m not sure why they want three here.
But MY strategy would be as follows…
Make up the most copies you think you will possibly need for each.
Paperclip them, but make it extremely easy to remove the paper clips.
Put a sticky note to divide each pile
Dress nicely even if you are just going to see the clerk - in my experience they treat you better this way.
Have all your papers neat, and in a folder or big envelope
Take them out when you get to the window.
Smile when the clerk comes to help you and say something like “Hi, how are you? I’ve never done this before and I was hoping you could help. I am filing for a name change and read through all the instructions on the website. It said to have two/three copies - I wasn’t sure which was correct so I made three copies of the petition”. Let them take over from there. They might say something like “we don’t need the paper clips”. Just smile and say “oops - let me get rid of them from these other two as well”. In most cases you won’t have to say anything else - and he/she will take over.
If not - and you still are confused - say something like “now do I need to give the judge multiple copies or just one?”
Be nice and respectful. Don’t say something like the instructions were confusing - as he/she may have written. Say “I wasn’t sure” or something like that.
The questions you are asking aren’t unreasonable - and most clerks I have dealt with are pretty helpful - at least to some degree.
8) Whenever you file something with a court clerk - you want to hand them your copy of each filing and say “Do you have one of those time/date stamps? Would you mind stamping mine for me?”
As long as you appear to have done your homework, are organized and have done the work that you could, and are polite - you should hopefully have good luck.
You probably won’t need any cover letter if you are doing it in person.
Keep in mind also that the clerks are there to basically keep a record of each case. Every motion, complaint, order, proposed order - whatever - in theory - they want one copy of each in their main file. The are sort of the librarian of the court in a way. They should be able to help you with some simple procedural questions - but don’t ask them legal questions.
Questions that I think are totally appropriate:
How many copies of the proposed order do I need to give to the Judge?
After I give the notice to the newspapers - do I need to return any proof that I did that?
Questions that aren’t:
Can I still keep a credit card in my old name?
Will I get in any trouble if I file my tax return this year with my old name?
And sorry - I though that paper you linked to was from the courts website - the court has their own local rules - find out which district you are in - these are the local rules for the northern district.
You should read them - and mention when you ask a question “now I read the local rules and it said XYZ - does that mean abc?”
If they have local rules - they have statewide rules too, but you probably can get away with just reading some of the local rules and some charm.
Oh - and it looks like you might need staples after all - and a “civil cover sheet”. I just skimmed it, but the more you read - the more likely it is the clerk will be willing to help you.
Thank you a LOT, DataX. You were a tremendous help!
Except for the No. 7. Apparently, you aren’t familiar with Oklahoma City Court Clerks. I got a big middle finger from the Clerk BECAUSE of the smile, not in spite of it! And, that was her “Welcome” greeting. it went downhill from there.
