All cases shall be entered in such books, in alphabetical order, by the
name of each plaintiff and defendant. The books shall set forth the names
of the parties, kind of action, date commenced, the record books and pages
on which the cases are recorded, the date of judgment, books and pages of
the judgment dockets, fee book, certificates of levy, sale and redemption
records on which they are entered satisfied or not satisfied, and number of
case. The defendant's index shall be ruled and printed in the same manner
as the plaintiff's except the parties shall be reversed.
3. Proper books of record, with indices, showing the names
of all parties to any action or judgment therein recorded,
with a reference to the page where it is recorded.
4. A judgment docket, in which all final
judgments (except child support orders as hereinafter provided) shall
be minuted at the time they are entered, or within 60 days
thereafter in alphabetical order, by the name of every person against whom
the judgment is entered, showing, in the proper columns ruled for
that purpose, the names of the parties, the date, nature of the judgment,
amount of the judgment and costs in separate items,
for which it is issued, to whom issued, when returned, and the manner of
its enforcement; a blank column shall be kept in which
may be entered a note of the satisfaction or other disposition of the judgment
or order and when satisfied by enforcement or otherwise, or set aside or
enjoined; the clerk shall enter a minute thereof in such column, showing
how disposed of, the date and the book and page, where the evidence thereof
is to be found. In the case of child support orders or modifications of
such orders entered on or after May 1, 1987, the clerk shall minute such
orders or modifications in the manner and form provided herein but shall
not minute every child support installment when due or every child support
payment when made. Such dockets may be searched by persons, at all reasonable
times without fee.
5. A fee book, in which shall be distinctly set down, in
items, the proper title of the cause and heads, the cost of each action,
including clerk's, sheriff's and witness' fees, stating the name
of each witness having claimed attendance in respect of the trial
or hearing of such action with the number of days attended. It shall
not be necessary to insert the cost in the judgment; but whenever an action is
determined and final judgment entered, the costs of each party litigant
shall be made up and entered in such fee book, which shall be considered a
part of the record and judgment, subject, however, at all times to be
corrected by the court; and the prevailing party shall be considered as
having recovered judgment for the amount of the costs so taxed in his or
her favor, and the same shall be included in the certified copy of such
judgment, and a bill thereof accompanying certified copy of the judgment.
If any clerk shall issue a fee bill or a bill of costs,
with the certified copy of the judgment without
first entering the same in the fee book, or if any such bill
of costs or fee bill shall be issued which shall not be in substance a copy
of the recorded bill, the same shall be void. Any person having paid such
bill of costs or fee bill, may recover from the clerk the amount thereof,
with costs of the action, in any circuit court.
6. Such other books of record and entry as are provided by law, or
may be required in the proper performance of their duties. All records,
dockets and books required by law to be kept by such clerks shall be deemed
public records, and shall at all times be open to inspection without fee or
reward, and all persons shall have free access for inspection and
examination to such records, docket and books, and also to all papers on
file in the different clerks' offices and shall have the right to take
memoranda and abstracts thereto.
(Source: P.A. 85-1156.)
|