Does an court order initiated by a Clerk of Court expire in if not executed?

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Does an court order initiated by a Clerk of Court expire in if not executed?

An order was initiated by an attorney, signed by the request or and authorized by the Clerk of Superior Court. Due to extenuating circumstances at the time it was not executed. When the a follow-up with the Clerk was done we were told among other things the order had expired. We have asked that the order be executed but our request has been rebuffed by the Clerk.

Asked on April 15, 2012 under Estate Planning, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the court clerk initiated an order with respect to a particular lawsuit, a judge is required to sign the order and once signed and dated, the court clerk under his or her ministerial duties is to file it and send a copy of such to all counsel representing the parties in the given action. If the judge made an actual order on a matter and the order has not been reduced to writing, the order does not expire.

If the court clerk refuses to "execute" the order, it sounds that a motion needs to be filed for an order by the court directing that the clerk follow through on the order with it being dated, signed and filed.


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