When, why, and how should a lawyer write a letter to the clerk of court? Only when a short letter serves a narrow, authorized procedural purpose: transmitting permitted material, alerting the court to new authority, correcting a discrete point about the record, or requesting a ministerial step such as filing or distributing papers. Don’t use it to seek judicial relief, present a new merits argument, or smuggle in an unauthorized reply.
A sound clerk letter should answer five questions at once:
- What case is this?
- Why is this letter authorized?
- What is being submitted?
- What action is requested of the clerk?
- Has every party been served?
Keep any substantive point short, factual, cited, and civil. The purpose is to help the clerk process a proper submission and help the court understand a limited point—not to create a miniature brief in correspondence form.
Example
Re: Smith v. Jones, No. 26-1042
Dear Ms. Wakefield:
At oral argument on September 10, 2026, the panel granted appellant leave to submit a short letter identifying supplemental authority on the timeliness issue.
Counsel therefore submits the enclosed decision, which holds that a notice filed under materially comparable circumstances was timely.Counsel respectfully requests that you file this letter and distribute it to the panel. A copy has been served on all counsel of record.
Respectfully,
[Counsel]
The formula is simple: identify the authority, state the point, make the administrative request, and stop. A clerk letter should open the right door—not try to slip a new brief under it.