GREFFE

2 definitions found across Law Mind sources

GREFFEAuthored
The Law Mind • 626 words
Definition
A greffe is the office of a court clerk or prothonotary — the administrative registry where court records, pleadings, and official documents are filed and maintained. The term appears primarily in legal systems derived from French civil law, where it designates both the physical office and the institutional function of record-keeping attached to a court. In French and French-influenced jurisdictions, the greffier (clerk of the greffe) is a recognized court officer responsible for authenticating and preserving judicial records.
Why It Matters in Research
Researchers encounter greffe most often in three contexts: historical English legal sources borrowing French terminology, Louisiana and Quebec legal materials, and primary sources from French or Belgian court systems. In English legal history, the term appeared with some frequency before the consolidation of court administrative offices, largely because Norman French saturated the early common law vocabulary. Bouvier's terse cross-reference to PROTHONOTARY signals that by the mid-nineteenth century, American legal dictionaries treated greffe as a foreign-law term requiring translation rather than a working term of domestic practice. Researchers using colonial-era American or English documents should follow that cross-reference: the functional equivalent is the prothonotary or clerk of court. In Louisiana materials, greffe and greffier appear in early territorial and state court records reflecting the civilian inheritance. A researcher working Louisiana parish court records from the late eighteenth or early nineteenth century may find instruments filed "au greffe" — meaning lodged with the court's official registry. This phrasing has no exact common-law parallel and should not be read as an informal deposit; it carries the same legal weight as formal filing. Quebec legal materials use greffe extensively and the term remains current in Canadian French legal practice. Cross-border research involving Quebec judgments, notarial records, or corporate filings will encounter it in active use. The term also matters for researchers using translated French or Belgian primary sources. French court records identify the registrar's office as the greffe, and documents bearing a greffe stamp or seal carry official authentication weight under French procedural law.
Historical Dictionary Support
Bouvier's Law Dictionary defines greffe simply as "a prothonotary's office. English." The brevity is telling. Bouvier treats the term as a transplant — worth noting for readers who encounter it, but not a term requiring extended treatment in an American legal dictionary of the 1860s. The label "English" likely signals the term's appearance in older English legal usage rather than any claim that it was then current in American practice. No substantial divergence among historical dictionaries is identifiable from available sources, largely because most Anglo-American dictionaries followed Bouvier's lead in treating greffe as a civil-law or archaic common-law term. Researchers should not expect elaboration in the standard historical shelf. For substantive historical treatment, French legal dictionaries — particularly Guyot's Répertoire universel et raisonné de jurisprudence — provide fuller coverage of the office's duties, the greffier's status as a sworn officer, and the legal consequences of filing au greffe. What historical Anglo-American dictionaries miss entirely is the continued vitality of the term in civilian jurisdictions. Bouvier's cross-reference to prothonotary accurately captures the functional equivalence for common-law research purposes but obscures that greffe in civilian systems carries distinct procedural and evidentiary significance that the prothonotary analogy does not fully convey.
Jurisdictional Note
Greffe remains an active term in Quebec, France, Belgium, and other French civil-law jurisdictions, where it refers to the official court registry and the office responsible for it. In Louisiana, the term appears in historical records but has been displaced in modern practice by standard American clerk-of-court terminology. In English common-law jurisdictions, the term is archaic.
Related Terms
Prothonotary — Clerk of Court — Greffier — Registry (court) — Notarial Record — Protonotaire (Quebec equivalent) — Filing — Court of Record
GREFFEcrossref
Bouvier's Law Dictionary • 1928
A prothonotary's office. Eng- lish. See PROTHONOTARY.

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