Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

A: The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate and requested. You will want to consult with a local attorney regarding the status of your case. Please note that regardless of what you filed, if there is not an Order signed by a Judge or Appellate Court dismissing the case and overturning the decree or judgment, the judgment stands and cannot be collaterally attacked later. Because incarceration may be used by the court to punish noncompliance in certain contempt actions (Orders to Show Cause), you may be entitled to court appointed counsel if you cannot afford to retain an attorney. Best wishes!

(Please note that this information is for educational purposes only and cannot be relied upon as specific legal advice. No attorney-client relationship is established with GordenLaw or any of its attorneys without a fully executed agreement governing the same).

A: The federal rules don't apply in state court but there is usually a similar state court procedural rule. If the final order was vacated as void, was the case reinstated to the active trial docket? Thus, the divorce action may still pending if no final decree has been entered. If there has been no action on a divorce case in some time, the court will sometimes set for a show cause action to see if the parties still want to get divorced or if they want to dismiss the divorce action and remain married.