Signed by regitrar

freefromgov

Hello and peace to you all.
just wondering guys if a court order has been signed by a registrar or a court clerk for and on behalf of the judge but not by the judge. do you think it would be lawfull? what do you reckon?
I have seen such a thing and apparently its quite common but I dont see how it could possibly by lawfull. I mean, I dont think a clerk's signature carries any judgemental authority. If a judge is going to issue an order one surely would expect that he would make sure he signs it. To give it his/her full lawfull ang legal effect.???????
The above is not a request for legal advice.

Peace to you all .

kizzyf

Oh my God you could be really on to something here! Thousands of Judgments may be about to be overturned!

Seriously you have way too much time on your hands to be thinking about these things oh and btw you're wrong.

freefromgov

Thank you for your response Kizzy. However I don't think you are contributing anything of value by just saying btw this position or that position is wrong do you have any explaination as to why a court order not signed by a judge is lawful ? That seems to be the position you are adopting. Can you elaborate? As for the amount of time available to me to think I don't see how that's relevant to anything really. please stay on topic.
kindest regards to you.

kizzyf

Okay back on topic then. Authority for Registrars to sign off on Orders derives from the Rules of the Superior Courts.

grumpytrousers

Put it like this...everybody piles into court. Arguments are made, the case is heard and at the end, the Judge makes his decision and says "I am granting an order for XYZ".

that's it. That's the order. It's that utterance that carries the weight of the Judicial system.
If you want to get a copy of the order, the County Registrar produces a copy and signs it to be a true copy of the order *made* by the judge in the Court room.

freefromgov

Thankyou for your response grumpytrousers .
I didn't realise that registrars had that much Power, by that, I mean if they decided for one reason or another to disregard a Judges utterance, or made a mistake I mean they are only Human. I would have thought that could have grave consequences for someone. where because a registrar is not the one making the decision he is open to error no matter how you could try to minimise the risk. The judge on the other hand because he/she is the one that makes the decision then surley if it is his/her signature the remotest chance of error could be avoided.
Anyway just a thought.
Regards to you all

dermot_sheehan

Order 4 of the Circuit Court Rules:
1. The Court shall have for use in each County an embossing Seal or, in circumstances in which the Office has multiple locations, embossing Seals with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document shall be signed by the Judge, but all such documents shall be authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

2. Where by reason of the re-arrangement of Circuits an embossing Seal is not available for a particular Circuit Court area then until such time as an embossing Seal becomes available, all documents required by Rule 1 of this Order to be authenticated by the Seal of the Court shall be authenticated by the signatures of both the Circuit Court Judge and the County Registrar for the said area.


Order 116 Rules of the Superior Courts:
1. The seals to be used in the respective offices of the Supreme Court and High Court shall be:
( a ) the seal of the Supreme Court;
( b ) the seal of the Chief Justice;
( c ) the seal of the High Court;
( d ) the seal of the High Court (Wards of Court);
( e ) the seal of the High Court (Bankruptcy);
( f ) the seal of the High Court (Probate);
( g ) the seal of the High Court (Central Criminal Court);
( h ) the seal of the Court of Criminal Appeal.

2. The seals of the Supreme Court, the Chief Justice and the Court of Criminal Appeal shall be kept in the custody of the Registrar of the Supreme Court.

3. (1) The seal of the High Court shall be kept in the custody of the officer for the time being managing the Central Office.
(2) The seal of the High Court (Wards of Court) shall be kept in the custody of the Registrar of Wards of Court.
(3) The seal of the High Court (Bankruptcy) shall be kept in the custody of the Examiner.
(4) The seal of the High Court (Probate) shall be kept in the custody of the Probate Officer.
(5) The seal of the High Court (Central Criminal Court) shall be kept in the custody of the Registrar as defined in Order 85 rule 1.

4. All documents or copies thereof appearing to be sealed with one of the above-mentioned seals shall be presumed to be documents or copies thereof (as the case may be) issued from the Court or Judge whose seal is affixed thereto, and if duly stamped may be received in evidence, and no signature or other formality except such sealing as aforesaid, shall be required for the authentication of any such document or copy.

Orders issued by District Court judges do have to be signed personally by the judge. Registrars do occasionally get orders wrong, was ordinarily happens in such case is counsel apply to court to amend the order under the slip rule (Order 28 rule 11)