RULE 45. DUTIES OF CLERK
(a) General Provisions.
(1) Qualifications. The supreme court clerk must take the oath and give the bond required by law. Neither the clerk nor any deputy clerk 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 filing any proper paper, issuing and returning process, making a motion, and entering an order. The clerk's office, 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.
(1) The Docket. The clerk must maintain a docket and an index of all docketed cases. Cases must be assigned consecutive file numbers. All papers filed with the clerk and all process, orders, and judgments must be entered chronologically on the docket. Entries must 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.
(2) The Calendar. Under the court's direction, the clerk must prepare a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk must give preference to habeas corpus proceedings, appeals in criminal cases, and appeals and other proceedings entitled to preference by law.
(3) Other Records. The clerk must keep records required by the court.
(c) Notice of Orders or Judgments. Upon the entry of an order or judgment, the clerk must immediately serve a notice of entry on each party to the proceeding, with a copy of the order, judgment or opinion. The clerk must note the service on the docket. Service may be by mail, third-party commercial carrier, or electronic means. Service on a party represented by counsel must be made on counsel.
(d) Custody of Records and Papers. The clerk has custody of the records and papers of the court. The clerk must not permit an original record or paper to be taken from the clerk's office unless the court orders. Upon disposition of a case, original papers transmitted as the record on appeal or review must be returned to the court or agency from which they were received. The clerk must preserve records as required by the court.
Rule 45 was amended, effective January 1, 1988; March 1, 1999; March 1, 2003; March 1, 2007.
This rule is derived from Fed.R.App.P. 45.
Paragraph (a) (2) provides, in part, that the clerk 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.
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. Subdivision (c) was amended, effective March 1, 2007, to allow service by electronic means.
As noted in paragraph (b) (2) , the clerk prepares the court calendar under the direction of the 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 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.