Asked in Civil Rights and Criminal Law for Oklahoma

Q: How long after receiving documents does the clerk have to file document?

Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says everything that comes to that county from a prison goes to the judges chamber first before it gets filed.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.

In the case of an inmate's appeal, it's not uncommon for documents from prisons to undergo additional review or procedures before filing. This might be the reason for any delay you're experiencing. However, it's important that this process does not unduly hinder the inmate's right to a timely appeal.

If the designation of record has not been filed and there is concern about the delay, consider reaching out to the court again for an update. It's helpful to be persistent and to keep a record of all communications with the court.

If you believe the delay is unreasonable or is impacting the inmate's legal rights, you may want to consult with an attorney. An attorney can offer specific guidance and, if necessary, can intervene on the inmate's behalf to ensure that the appeal process moves forward.

Remember, the legal system can be complex, and navigating it from within the corrections system adds additional challenges. It's important to stay informed and proactive in ensuring that legal rights are upheld.

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