RULE 77. DISTRICT COURTS AND CLERKS
(a) District Courts Always Open. The district court
s shall beis 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.
(b) Trials and Hearings Orders in Chambers. All trials upon the merits
shallmust 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, 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, shallmay 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
that donot requirerequiring 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) Notice of Entry of Judgment Served. Within 10 days after entry of judgment in an action in which an appearance has been made, notice of
suchentry of judgment, together with a copy of suchthe judgment or a general description of the nature and amount of relief and damages therebygranted, shallmust be served by the prevailing party upon the adverse party and filed.
Subdivisions (a) and (b) are identical to Rule 77(a) and (b), FRCivP.
Both the Federal Rule 77(c) and the North Dakota Rule 77(c) set forth motions and applications grantable of course by the clerk. The federal rule covers additional matters.
A party should be aware notice of entry of judgment or an order is not necessary to start the time running for filing a post-judgment motion or an appeal. Actual knowledge of entry of a judgment or an order, when clearly evidenced by the record, starts the time running for filing an appeal or post-judgment motion. See Lang v. Bank of North Dakota, 377 N.W.2d 575, 578 (N.D. 1985). Actual knowledge of entry of the judgment or order requires action evident on the record on the part of the moving or appealing party. See Thorson v. Thorson, 541 N.W.2d 692, 695 (N.D. 1996).
Subdivision (d) varies considerably from the federal rule. In an action where an appearance has been made by an adverse party, the prevailing party has 10 days after entry of judgment in which to serve the adverse party with notice of entry of judgment. The 60-day time period for appeal by the adverse party does not start until notice of entry of judgment is served [see Rule 4(a), NDRAppP].
Subdivision (c) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
SOURCES: Procedure Committee Minutes of __________________; April 20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, pages 9-10; Rule 77, FRCivP.
STATUTES AFFECTED: Sections 28-2002, NDRC 1943, and 27-05-07, NDCC.
CROSS REFERENCE: Rule 4 (Appeal When Taken), NDRAppP.