M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: N.D.R.Civ.P. 77; District Courts and Clerks
Rule 77(b), N.D.R.Civ.P., is the same as Fed.R.Civ.P. 77(b), which has remained unchanged since 1937. The rule provides:
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, may be conducted outside the district without the consent of all parties affected thereby.
(Emphasis added.) Should the provisions be repealed which appear to allow a judge to act outside the district?