Improper Seal

[David Merrill]

Strangely this happens the most from trained professional US clerks of court. The rest of us I suppose had mothers and second-grade teachers who taught us how...

Often a letter from your clerk in the federal building will arrive with only a small piece of Scotch Tape holding it closed. Any variation of this process may be applied, depending on how formal of a record you desire as the judge.

The improper seal is a slur on your court. I call it a culpability dodge but it is based on the presumption you are incompetent, without Rules of Evidence. If the seal is compromised then how do you know that the contents are what was sent? The procedure is to simply remand the evidence back to the clerk to check and seal it properly. You might even cite the DMM at 601.4.3.

Imagine acting on something you received in good faith and finding out that the information in the envelope was incorrect. It was substituted with misdirection or counterintelligence. You would have no recourse if it was your fault for accepting a faulty seal in your court.

If you want to use a notary, get a true and correct copy of both sides of the envelope, with a red ink smudge first, on the tape so it shows up on your copy and when you drop it off at the post office have the clerk rounddate your True and Correct Copy so that you have evidence that you did not just throw it away. Keep an eye on what is happening and even look at the contents on PACER if you like.

Slurring your court is character assassination in my opinion. Especially considering that the only people who make this improper seal seem to be professional clerks of court!

I have more on this. I just thought I would start a new thread about it. There is a much deeper lesson about competence and Rules of Evidence than just correcting the clerk about sealing up envelopes. I have corrected the clerk in Colorado. I believe it was after two or three verbal reports to the postal inspector at the main office in Colorado Springs.


Regards,

David Merrill.