RULE 45. DUTIES OF CLERK
(a) General Provisions.
(1) Qualifications. The supreme court clerk
of the supreme court shall must take the oath and give the bond required by law. Neither the clerk nor any deputy clerk shall may practice as an attorney or as counselor in any court while in office.
(2) When Court is Open; Deadlines. The supreme court is deemed always open for
the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders making a motion, and entering an order. The clerk's office of the clerk, with the clerk or a deputy in attendance, must be open during business hours on all days except Saturdays, Sundays, and legal holidays. The clerk is under no obligation to give notice to the parties of time deadlines.
The Docket; Calendar; Other Records Required.
(1) The Docket. The clerk
shall keep a book known as the must maintain a docket , and shall enter therein each case and an index of all docketed cases. Cases must be assigned consecutive file numbers. The file number of each case must be noted on the folio of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders, and judgments must be entered chronologically in on the docket on the folio assigned to the case. Entries must be brief and show the nature of each paper filed or judgment or order entered. The entry of an order or judgment must show the date the entry is made. The clerk shall keep a suitable index of cases contained in the docket.
(2) The Calendar.
The Under the court's direction, the clerk shall must prepare , under the direction of the supreme court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall must give preference to habeas corpus proceedings, to appeals in criminal cases, and to appeals and other proceedings entitled to preference by law.
(3) Other Records. The clerk
shall must keep such other books and records as may be required by the supreme court.
(c) Notice of Orders or Judgments.
Immediately upon Upon the entry of an order or judgment, the clerk shall must immediately serve a notice of entry by mail or third-party commercial carrier upon each party to the proceeding together, with a copy of the order, judgment or any opinion respecting the order or judgment. The clerk shall must note in the mailing on the docket the notice and opinion were served. Service on a party represented by counsel must be made on counsel.
(d) Custody of Records and Papers. The clerk
shall have has custody of the records and papers of the court. The clerk may must not permit any an original record or paper to be taken from the clerk's custody office except as authorized by the orders or instructions of unless the supreme court orders. Original Upon disposition of a case, original papers transmitted as the record on appeal or review must be returned upon disposition of the case to the court or agency from which they were received. The clerk shall must preserve copies of briefs and appendices and other papers filed records as required by the court.
Rule 45 was amended, effective January 1, 1988; March 1, 1999; March 1, 2003 .
This rule is derived from Fed.R.App.P. 45.
The last sentence in subdivision (a) Paragraph (a)(2) provides, in part, that the Clerk 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 clerk. Gerhardt v. Fleck, 251 N.W.2d 764, 766 (N.D. 1977).
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 paragraph (b)(2), the Clerk clerk prepares the court calendar under the direction of the Supreme Court 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 during the May term of court.
Rule 45 was amended, effective March 1, 2003. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, page 27; 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. Fed.R.App.P. 45.
SUPERSEDED: N.D.C.C. §§ 28-27-30, 28-31-02, 28-31-03, and 29-28-22.