RULE 77. DISTRICT COURTS AND CLERKS
(a) When court is open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.
(b) Place for trial and other acts. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge elsewhere, without the attendance of the clerk or other court officials.
(c) Clerk's orders. Subject to the court's power to suspend, alter, or rescind the clerk's action for cause, the clerk may:
(1) issue process; and
(2) act on any other matter that does not require the court's action.
[Transferred to Rule 58(b)] Immediately on the filing of an order or decision, or on the
entry of a judgment, the court clerk must send a notice of the filing or entry to every party
affected or to each party's attorney of record and make a notice in the court records of the
sending. Receipt of a notice of entry of judgment is not required to begin the time for filing
a post-judgment motion or an appeal if the record clearly evidences actual knowledge of
entry of judgment through the affirmative action of the moving or appealing party.
Rule 77 was amended, effective March 1, 1990; March 1, 1999; March 1, 2000; March 1, 2002; March 1, 2011:_____________________.
Subdivision (b) was amended, effective March 1, 2002, to eliminate the phrase addressing judicial acts or proceedings outside the district. See N.D.R.Civ.P. 39.1.
Subdivision (c) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Subdivision (d) was
transferred to Rule 58(b), effective March 1, 2000 restored to Rule 77,
effective________________, placing the duty to send notice of filing and entry on the clerk
Rule 77 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. 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 _______________________; September 30, 2011, pages 22-27; January 28-29, 2010, page 22; September 28-29, 2000, pages 3-7; September 24-25, 1998, page 16; April 30-May 1, 1998, pages 12-13; April 20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, pages 9-10; Fed.R.Civ.P. 77.
Superseded: N.D.C.C. § 27-05-07.
Cross Reference: N.D.R.Civ.P. 39.1 (Change in Location of a Hearing, Proceeding, or Trial; Change of Venue); N.D.R.Civ.P. 58 (Entry of Judgment); N.D.R.App.P. 4 (Appeal When Taken).