Incorporating and Superseding
N.D.C.C. §§ 28-04-09 and 28-04-10)
RULE 77. DISTRICT COURTS AND CLERKS
(a) 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 rules.
(b) Trials and Hearings Orders in Chambers. All trials upon the merits must be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials.
and at any place either within or without the district; but no hearing, other than one ex parte, may be conducted outside the district without the consent of all parties affected thereby.In any pretrial hearing or proceeding, except a hearing for a motion to suppress evidence, the court may change the place of the hearing or proceeding from the location in which the matter was originally to be heard.
(c) 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 action.
(d) Notice of Entry of Judgment Served. Within 10 days after entry of judgment in an action in which an appearance has been made, notice of entry of judgment, together with a copy of the judgment or a general description of the nature and amount of relief and damages granted, must be served by the prevailing party upon the adverse party and filed. The time for filing a post-judgment motion or an appeal does not begin to run until notice of entry is served, regardless whether there is actual knowledge judgment has been entered.
Rule 77 was amended, effective March 1, 1990; March 1, 1999; ________________________.
Subdivision (b) was amended, effective ___________________, to incorporate the provisions of N.D.C.C. § 28-04-09, which governs the location of pretrial proceedings.
Subdivision (c) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Although subdivision (d) only refers to a judgment, Rule 54(a) defines a judgment as including "any order from which an appeal lies."
Subdivision (d) varies considerably from the federal rule. In an action where an appearance has been made by an adverse party, the prevailing party has 10 days after entry of judgment in which to serve the adverse party with notice of entry of judgment. The 60-day time period for appeal by the adverse party does not start until notice of entry of judgment is served [see Rule 4(a), NDRAppP].
Subdivision (d) was amended, effective March 1, 1999, to eliminate the case law exception providing notice of entry of judgment is not necessary if the moving party has actual knowledge judgment has been entered.
SOURCES: Procedure Committee Minutes of ___________________; 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; Rule 77, FRCivP.
SUPERSEDED: Sections 28-2002, NDRC 1943, and 27-05-07, 28-04-09, and 28-04-10, NDCC.
CROSS REFERENCE: Rule 4 (Appeal When Taken), NDRAppP.