Legal Dictionary

prothonotary

Legal Definition of prothonotary

Noun

  1. In some States of United States, a probate officer

Definition of prothonotary

Alternative forms

  • protonotary

Etymology

    From Middle English prothonotarie, from Medieval Latin prothonotarius, from Late Latin protonotarius, from Ancient Greek (proto-) + Latin notarius (“secretary”)

Noun

prothonotary (plural prothonotaries)

  1. A chief clerk of one of various courts of law.

Further reading

The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius (c.400), from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek πρῶτος protos "first" + Latin notarius ("notary"); the -h- appeared in Medieval Latin. The title was awarded to certain high-ranking notaries.

Secular judiciary

- Canada

In the Federal Court (Canada), the Prothonotary is not a clerk, but instead is a judicial officer appointed under the Federal Courts Act and exercises many of the powers and functions of a Federal Court Judge. The Prothonotary's authority includes mediation, case management, practice motions (including those that may result in a final disposition of the case, regardless of the amount in issue), as well as trials of actions in which up to $50,000 is claimed (see Rules 50, 382, and 383 to 387 of the Federal Courts Rules). The current members of the Court are found at Prothonotaries.

- Chief court clerk

The prothonotary is the chief court clerk in certain courts of law in certain Anglo-American jurisdictions, including the American states of Pennsylvania and Delaware, the Canadian provinces of Nova Scotia and Prince Edward Island, and the Supreme Courts of the Australian states of New South Wales and Victoria.

In Australia the prothonotary is the official in charge of processing a certification of readiness from the two parties involved in a tort.

- Truman

U.S. President Harry S Truman was introduced to a prothonotary during a campaign stop in Pittsburgh in 1948. It is widely rumored that Truman's first reaction upon hearing the term "prothonotary" was to say "What the hell is a prothonotary?" Truman is also attributed with saying that "prothonotary" was the most impressive-sounding political title in the U.S.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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