When a clerk researches a procedure, the clerk should first determine the statutes that are applicable.

When a clerk researches a procedure, the clerk should first determine the statutes that are applicable.

• A. True
• B. False
• C. It depends on the case type
• D. The court's local rules govern only

Answer: (B)

The first thing to identify when researching a procedure is the governing procedural authority. In most municipal court contexts, that means the court’s own local rules and standing orders that dictate how filings are made, how notices are issued, how calendars are set, and other step-by-step processes. These local rules take precedence for procedural steps over statutes. Statutes matter because they provide the legal authority and substantive requirements behind a procedure, but they don’t usually spell out the exact procedural steps you must follow in that court. If the local rules don’t address a specific procedure, then you move to statewide procedural rules and relevant statutes. So, starting with statutes isn’t the typical or most reliable first move.

The first thing to identify when researching a procedure is the governing procedural authority. In most municipal court contexts, that means the court’s own local rules and standing orders that dictate how filings are made, how notices are issued, how calendars are set, and other step-by-step processes. These local rules take precedence for procedural steps over statutes.

Statutes matter because they provide the legal authority and substantive requirements behind a procedure, but they don’t usually spell out the exact procedural steps you must follow in that court. If the local rules don’t address a specific procedure, then you move to statewide procedural rules and relevant statutes. So, starting with statutes isn’t the typical or most reliable first move.