RULE 77. DISTRICT COURTS AND CLERKS
(a) District Courts Always Open. The district courts shall be deemed always 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
shall 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, 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, shall 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 that do not require allowance or 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
such entry of judgment, together with a copy of such the judgment or a general description of the nature and amount of relief and damages thereby granted, shall must be served by the prevailing party upon the adverse party. The requirement for notice of entry of judgment is satisfied by proof of service of the judgment.
Rule 77 was amended, effective March 1, 1990; .
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.
Subdivision (d) was amended, effective , to provide: "The requirement for notice of entry of judgment is satisfied by proof of service of the judgment." The time for appeal or making a post-judgment motion runs from the date of service of the judgment when a copy of the judgment is served as notice of entry of judgment.
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.