How does a clerk handle a motion or application in Surrogate's Court?

• A. The clerk processes the motion, ensures proper notices, schedules a hearing, and files all documents.
• B. The clerk approves the motion without court involvement.
• C. The clerk cannot handle motions.
• D. The clerk handles only electronic filings and ignores notices.

Answer: (A)

In Surrogate's Court, the clerk handles the procedural side of motion practice. The clerk processes the motion or application, ensures proper notices are issued and served, schedules the hearing, and files all related documents. This keeps the case moving and the court's records accurate, including maintaining the docket and transmitting materials to the judge for review. The important point is that the clerk does not decide the motion; the judge rules on the merits after reviewing the submitted papers. So the clerk’s role is administrative and logistical, not evaluative or ruling.