RULE 77. DISTRICT COURTS AND CLERKS
(a) District Courts Always Open. The district court is deemed to always be open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
and Hearings, and Other Acts Orders in Chambers. All trials upon the merits must be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers elsewhere, without the attendance of the clerk or other court officials and at any place either within or without the district; but no hearing, other than one ex parte, may be conducted outside the district without the consent of all parties affected thereby.
(c) Clerk's Office and Orders by Clerk. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings not requiring allowance by or an order of the court are grantable of course by the clerk; but the court upon cause shown may suspend, alter, or rescind the clerk's action.
(d) [Transferred to Rule 58(b)].
Rule 77 was amended, effective March 1, 1990; March 1, 1999; March 1, 2000; March 1, 2002.
Subdivision (b) was amended, effective March 1, 2002, to eliminate the phrase addressing judicial acts or proceedings outside the district. See N.D.R.Civ.P. 37.1.
Subdivision (c) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Subdivision (d) was transferred to Rule 58(b), effective March 1, 2000.
SOURCES: Joint Procedure Committee Minutes of September 28-29, 2000, pages 3-7; September 24-25, 1998, page 16; April 30-May 1, 1998, pages 12-13; April 20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, pages 9-10; Fed.R.Civ.P. 77.
STATUTES AFFECTED: Sections 28-2002, N.D.R.C. 1943, and N.D.C.C. § 27-05-07.
CROSS REFERENCE: N.D.R.App.P. 4 (Appeal When Taken).