VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 35. Duties of the Clerk

• Jurisdiction: United States

Rule 35. Duties of the Clerk

(a) Days of Operation. The office of the Clerk of the Supreme Court shall be open to receive filings during business hours on all days except Saturdays, Sundays, and legal holidays. Legal holidays when the office shall be closed are defined in Rule 16(b), but the Chief Justice may provide that the office of the Clerk of the Supreme Court shall be open for specified hours on Saturdays, Sundays, or legal holidays.

(b) The Docket; Calendar; Other Records Required. The Clerk of the Supreme Court shall maintain the docket, which shall contain an index of cases in such form and style as may be prescribed by the Supreme Court, and shall enter therein each case. Cases shall be assigned consecutive file numbers. The file number of each case shall be noted on the docket. All papers filed with the Clerk of the Supreme Court and all process, orders, and judgments shall be entered chronologically in the docket. Entries shall be brief but shall show the nature of each paper filed or judgment or order entered. The entry of an order or judgment shall show the date the entry is made. The Clerk of the Supreme Court shall enter a record of all papers filed, all actions taken, all process, orders, and judgments, and shall keep such other books and records as may be required by the Supreme Court.

(c) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment, the Clerk of the Supreme Court shall electronically or conventionally serve, in accordance with Rule 40, a notice of entry upon each party to the proceeding together with a copy of any opinion respecting the order or judgment, and shall make a note in the docket of the service. Service on a party represented by counsel shall be made on counsel.

(d) Custody of Records and Papers. The Clerk of the Supreme Court shall have custody of the records and papers of the Supreme Court, and shall not permit any original record or paper to be taken from the Clerk's custody except as authorized by the orders or instructions of the Supreme Court. Original papers transmitted as the record on appeal or review shall, upon disposition of the case, be returned to the Superior Court. The Clerk of the Supreme Court shall preserve the electronic record and, until the case is complete and closed, at least one copy of briefs and appendices and other printed papers filed.

(e) Dismissal for Failure to Prosecute. When an appellant fails to comply with the Rules of Appellate Procedure, the Clerk of...