Is the statement 'When a clerk researches a procedure, the clerk should first determine the statutes that are applicable' true?

Is the statement 'When a clerk researches a procedure, the clerk should first determine the statutes that are applicable' true?

• A. True
• B. Not necessarily
• C. False
• D. It depends on the situation

Answer: (C)

Procedural research begins by identifying the governing rule or policy for that procedure. In municipal courts, many procedures are defined by court rules or local rules/policies, which specify the exact steps, forms, timelines, and roles. Only after you’ve located the applicable rule do you check statutes to see if they add or modify those requirements. If there’s no rule addressing the issue, statutes may then guide you, but you don’t start with statutes. That’s why this statement isn’t correct—the first step is to determine the controlling rule or policy, not the statutes.

Procedural research begins by identifying the governing rule or policy for that procedure. In municipal courts, many procedures are defined by court rules or local rules/policies, which specify the exact steps, forms, timelines, and roles. Only after you’ve located the applicable rule do you check statutes to see if they add or modify those requirements. If there’s no rule addressing the issue, statutes may then guide you, but you don’t start with statutes. That’s why this statement isn’t correct—the first step is to determine the controlling rule or policy, not the statutes.