Art. 257.Neglect, Failure, Or Refusal of Clerk, Deputy, Or Other Employee to Perform Duty Subjects Him to Punishment For Contempt
Title I. Courts · Chapter 5. Clerks · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 257
Plain-English Summary
Many of a clerk's duties leave no room for judgment calls: file the pleading, issue the certified copy, enter the minutes. Article 257 calls these ministerial duties — acts the law requires regardless of discretion — and backs them with a real consequence.
A clerk, deputy clerk, or other employee of the clerk's office who neglects a ministerial duty, fails to carry it out, or refuses to do it can be punished for contempt of court. The rule reaches the whole office, not just the clerk personally, since deputies and staff perform much of the day-to-day work under Article 255.
The contempt remedy backstops the duties spelled out elsewhere in this chapter — filing pleadings promptly, issuing certified copies, keeping the docket and minute books — by giving a party a way to force compliance when a clerk's office won't do what the law requires.
Frequently Asked Questions
What counts as a 'ministerial duty' for a clerk of court?
A duty the law requires without leaving room for discretion — such as filing a properly presented pleading or issuing a certified copy of a public record.
What happens if a clerk refuses to file my pleading without legal justification?
Article 257 subjects the clerk to punishment for contempt of court for neglecting, failing, or refusing to perform a ministerial duty.
Does this rule apply only to the clerk personally?
No. It reaches the clerk, any deputy clerk, and any other employee of the clerk's office.