RULE 77. DISTRICT COURTS AND CLERKS
District Courts Always Open. The district court is
deemed to always be 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
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.
Trials, Hearings, and Other Acts. All trials upon the
merits must be conducted in open
court and so far as convenient in a court room. All other acts or proceedings may be done or
conducted by a judge elsewhere, without the attendance of the clerk or other court
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.
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 not requiring allowance by or an 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
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.
(d) [Transferred to Rule 58(b)].
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.
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 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.
Sections 28-2002, N.D.R.C. 1943, and N.D.C.C. §
Cross Reference: N.D.R.Civ.P. 39.1 (Change in Location of a Hearing, Proceeding, or Trial; Change of Venue); N.D.R.App.P. 4 (Appeal When Taken).