RULE 45. DUTIES OF CLERK
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(c) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment, the clerk shall serve a notice of entry by mail or third-party commercial carrier upon each party to the proceeding together with a copy of any opinion respecting the order or judgment
,. andThe clerk shall make anote in the docket of the mailingthe notice and opinion were sent. Service on a party represented by counsel shallmust be made on counsel.
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Rule 45 was amended, effective January 1, 1988; March 1, 1999.
This rule is derived from Rule 45, FRAppP. The last sentence in subdivision (a) provides
thatthe Clerk of the Supreme Court has no obligation to notify counsel of approaching deadlines. Conversely, neither counsel nor parties have the right to require or rely on notification from the Clerk. Gerhardt v. Fleck, 251 N.W.2d 764, 766 (N.D. 1977).
Subdivisions (a), (b), and (d) were amended, effective January 1, 1988, to track the 1986 amendments to the Federal Rule. The amendments are technical in nature with no substantive changes.
Subdivision (c) was amended, effective March 1, 1999, to allow the clerk to send the notice and opinion via commercial carrier as an alternative to mail.
As noted in the rule, the Clerk prepares the court calendar under the direction of the Supreme Court. Presently, a case is assigned to the next court term at least 17 days after the brief of the appellee or cross-appellee is filed. For example, if an appellee's brief is filed on March 25, the case will be heard on the May term of court.
SOURCES: Procedure Committee Minutes of January 29-30, 1998, page 22; February 19-20, 1987, page 9; September 18-19, 1986, pages 23-25; January 12-13, 1978, pages 24-25. Rule 45, FRAppP.
SUPERSEDED: §§ 28-27-30, 28-31-02, 28-31-03, and 29-28-22, NDCC.