Records to Be Kept by the Clerk

U.S Code last checked for updates: Jan 18, 2025

Rule 5003.

(a)

Bankruptcy Docket.

The clerk must keep a docket in each case and must:

(1)

enter on the docket each judgment, order, and activity, as prescribed by the Director of the Administrative Office of the United States Courts; and

(2)

show the date of entry for each judgment or order.

(b)

Claims Register.

When it appears that there will be a distribution to unsecured creditors, the clerk must keep in a claims register a list of the claims filed in the case.

(c)

Judgments and Orders.

(1)

In General. In the form and manner prescribed by the Director of the Administrative Office of the United States Courts, the clerk must keep a copy of:

(A)

every final judgment or order affecting title to, or a lien on, real property;

(B)

every final judgment or order for the recovery of money or property; and

(C)

any other order the court designates.

(2)

Indexing with the District Court. On a prevailing party’s request, a copy of the following must be kept and indexed with the district court’s civil judgments:

(A)

every final judgment or order affecting title to, or a lien on, real or personal property; and

(B)

every final judgment or order for the recovery of money or property.

(d)

Index of Cases; Certificate of Search.

(1)

Index of Cases. The clerk must keep an index of cases and adversary proceedings in the form and manner prescribed by the Director of the Administrative Office of the United States Courts.

(2)

Searching the Index; Certificate of Search

(A)

a case or proceeding has been filed in or transferred to the court; or

(B)

a discharge has been entered.

(e)

(1)

In General. The United States—or a state or a territory where the court is located—may file a statement designating its mailing address. A taxing authority (including a local taxing authority) may also file a statement designating an address for serving requests under § 505(b). The authority’s designation must describe where to find further information about additional requirements for serving a request.

(2)

Register of Mailing Address.

(A)

In General. In the form and manner prescribed by the Director of the Administrative Office of the United States Courts, the clerk must keep a register of the mailing addresses of the governmental units listed in the first sentence of (1) and a separate register containing the addresses of taxing authorities for serving requests under § 505(b).

(B)

Number of Entries. The clerk need not include in any register more than one mailing address for each department, agency, or instrumentality of the United States or the state or territory. But if more than one mailing address is included, the clerk must also include information that would enable a user to determine when each address applies. Mailing to only one applicable address provides effective notice.

(C)

Keeping the Register Current. The clerk must update the register annually, as of January 2 of each year.

(D)

Mailing Address Presumed to Be Proper. A mailing address in the register is conclusively presumed to be proper. But a failure to use that address does not invalidate a notice that is otherwise effective under applicable law.

(f)

Other Books and Records.

The clerk must keep any other books and records required by the Director of the Administrative Office of the United States Courts.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)