Chapter Third: Court Clerk and His Functions

Article 387

The court staff consists of a chief and clerks and ushers who are subject to a special system. The president of the court oversees them and distributes work among them.

Article 388

1. Clerks shall perform the duties imposed upon them pursuant to this Law and other relevant laws and regulations.

Article 389

The head of the bureau or his deputy shall receive from the clerks all subpoenas, summonses, records, and documents, and shall give a receipt therefor and record them after the payment of the legal fees. He shall assign to each case a special file in accordance with Article 448.

Article 390

The court must be assisted in trial, investigation, and inspection sessions by a clerk who shall be responsible for drawing up and signing the report, under penalty of nullity.

Article 391

It is permissible for the parties or their attorneys to review the case file at the court registry and obtain copies of the documents and papers after the head of the registry or the clerk has certified that they are true to the original, provided that the expenses are paid.

Article 392

The court clerks shall be responsible for organizing and preserving case files, arranging hearing schedules, and maintaining trial records and registers designated for the registration of lawsuits and the recording of judgments and decisions, whether judicial or administrative.

Article 393

All records shall be numbered and the first and last pages thereof shall be initialled by the President of the Court or a judge delegated by him for this purpose.

Article 394

The registry chief or his deputy from the clerks must deliver to the winning party a copy of the judgment containing the phrase "copy certified as true and fit for execution" and signed by him, after collecting the fees and verifying the judgment is fit for execution. He may also, after the fees have been paid, deliver a certified copy to any person upon payment of expenses except for legal exceptions.

Article 395

1. It is not permissible to remove the records containing the originals of judgments and decisions from the office of one of the courts of first instance or appeal, except by virtue of a special decision issued by the First President of the Court of Appeal. Similarly, it is not permissible to remove such records from the office of the Court of Cassation, except by virtue of a decision issued by the First President of this Court, and this is based on a request from the Public Prosecution or any interested party. 2. This decision shall specify the method of removing the records and their return as soon as possible.

Article 396

Clerks and process servers may not perform any action falling within their official duties in cases concerning themselves, their spouses, relatives, or in-laws up to the fourth degree, otherwise it shall be void.