Docket (court): Difference between revisions
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The term is also sometimes used informally to refer to a '''court [[calendar]],''' the schedule of the appearances, arguments and/or hearings scheduled for a court. It may also be used to refer to a court's caseload as a whole. Thus, either sense may be intended (depending upon the context) in the frequent use of the phrase "crowded dockets" by legal journalists and commentators. However, the [[Speedy Trial Act]] states that in the federal criminal system, a [[continuance]] shall not be granted merely on the basis of general congestion of the court's calendar. |
The term is also sometimes used informally to refer to a '''court [[calendar]],''' the schedule of the appearances, arguments and/or hearings scheduled for a court. It may also be used to refer to a court's caseload as a whole. Thus, either sense may be intended (depending upon the context) in the frequent use of the phrase "crowded dockets" by legal journalists and commentators. However, the [[Speedy Trial Act]] states that in the federal criminal system, a [[continuance]] shall not be granted merely on the basis of general congestion of the court's calendar. |
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<ref>{{uscsub|18|3161|h|7|C}}</ref> |
<ref>{{uscsub|18|3161|h|7|C}}</ref> |
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==Historical Usage== |
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''Docket'' was described in the ''The American and English encyclopedia of law'' as a courts summary, digest, or register. A usage note in this 1893 text warns that term docket and calendar are not synonymous. <ref name="AECL">{{cite book | title=The American and English encyclopedia of law | first=Charles | last=Williams | publisher=Edward Thompson Company | year=1893 | url=http://books.google.com/books?id=SdgUAAAAYAAJ&pg=PA875&dq=terminology+docket&hl=en&ei=A0T5TZ-UHYSugQeus6iVDA&sa=X&oi=book_result&ct=result&resnum=2&ved=0CDwQ6AEwAQ#v=snippet&q=docket&f=false }}</ref> |
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A 1910 law dictionary states the terms ''trial docket'' and ''calendar'' are synonymous.<ref>{{cite book | title=A LAW DICTIONARY CONTAINING DEFINITIONS OF THE TERMS AND PHRASES OF AMERICAN AND ENGLISH JURISPRUDENCE ANCIENT AND MODERN | year=1910 | publisher=West Publishing | last=Black | first=Henry Campbell | quote=The name of docket or trial docket sometimes given to the list or calendar causes set to be tried at a specified term prepared by the clerks for the use of the and bar | url=http://books.google.com/books?id=R2c8AAAAIAAJ&pg=PA162&dq=terminology+docket&hl=en&ei=A0T5TZ-UHYSugQeus6iVDA&sa=X&oi=book_result&ct=result&resnum=10&ved=0CGgQ6AEwCQ#v=onepage&q=docket&f=false}}</ref> |
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==United States Supreme Court== |
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In its meaning as ''calendar'', the docket of the [[United States Supreme Court]] is different both in its composition and significance. The justices of the Supreme Court have almost complete discretion over the cases it chooses to hear. From the large number of cases which it receives, only 70 to 100 will be placed on the docket. The [[United States Solicitor General|Solicitor General]] decides which cases to present on behalf of the federal government.<ref>{{cite book | title=The Complete Idiot's Guide to U.S. Government and Politics | first=Franco | last=Scardino | publisher=Alpha | isbn=978-1592578535 | year=2009 }}</ref> |
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==See also== |
==See also== |
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Revision as of 00:34, 16 June 2011
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A docket (abbreviated as dkt.) is the official summary of proceedings in a court of law.[1] The term originally referred to the large folio books in which clerks recorded all filings and court proceedings for each case. Rules of civil procedure often state that the court clerk shall record certain information "on the docket" when a specific event occurs.
Today, in most industrialized countries, such records have been computerized and are kept in the form of databases.
In the United States, court dockets are considered to be a subset of the type of document known as public records. Many public records databases and directories also include references to court dockets. PACER (Public Access Court Electronic Records) is a fee based resource Federal Courts uses to house dockets and documents on all federal civil, criminal and bankruptcy cases. There are other online resources[2] which makes the dockets available to the public free of charge.
The term is also sometimes used informally to refer to a court calendar, the schedule of the appearances, arguments and/or hearings scheduled for a court. It may also be used to refer to a court's caseload as a whole. Thus, either sense may be intended (depending upon the context) in the frequent use of the phrase "crowded dockets" by legal journalists and commentators. However, the Speedy Trial Act states that in the federal criminal system, a continuance shall not be granted merely on the basis of general congestion of the court's calendar. [3]
Historical Usage
Docket was described in the The American and English encyclopedia of law as a courts summary, digest, or register. A usage note in this 1893 text warns that term docket and calendar are not synonymous. [4]
A 1910 law dictionary states the terms trial docket and calendar are synonymous.[5]
United States Supreme Court
In its meaning as calendar, the docket of the United States Supreme Court is different both in its composition and significance. The justices of the Supreme Court have almost complete discretion over the cases it chooses to hear. From the large number of cases which it receives, only 70 to 100 will be placed on the docket. The Solicitor General decides which cases to present on behalf of the federal government.[6]
See also
External links
U.S. Supreme Court
U.S. Court of Appeals
- Federal Circuit
- First Circuit Court of Appeals
- Second Circuit Court of Appeals
- Third Circuit Court of Appeals Note: Currently only through Public Access to Court Electronic Records or PACER which is not free
- Fourth Circuit Court of Appeals Note: Currently only through Public Access to Court Electronic Records or PACER
- Fifth Circuit Court of Appeals
- Sixth Circuit Court of Appeals
- Seventh Circuit Court of Appeals Oral Arguments
- Seventh Circuit Court of Appeals Court Calendar
- Eighth Circuit Court of Appeals
- Ninth Circuit Court of Appeals
- Tenth Circuit Court of Appeals
- Eleventh Circuit Court of Appeals Note: Calendar not yet available
U.S. Federal District Courts
Iowa
- Northern District of Iowa Note: Calendar not yet available
- Northern District of Iowa Bankruptcy
- Southern District of Iowa
- Southern District of Iowa Bankruptcy
References
- ^ Juvenile Court and Social Welfare: Dynamics of Progressive Reform, The JR Sutton - Law & Soc'y Rev., 1985
- ^ FreeCourtDockets.com
- ^
- ^ Williams, Charles (1893). The American and English encyclopedia of law. Edward Thompson Company.
- ^ Black, Henry Campbell (1910). A LAW DICTIONARY CONTAINING DEFINITIONS OF THE TERMS AND PHRASES OF AMERICAN AND ENGLISH JURISPRUDENCE ANCIENT AND MODERN. West Publishing.
The name of docket or trial docket sometimes given to the list or calendar causes set to be tried at a specified term prepared by the clerks for the use of the and bar
- ^ Scardino, Franco (2009). The Complete Idiot's Guide to U.S. Government and Politics. Alpha. ISBN 978-1592578535.