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Rule 77 – District Courts and Clerks

May 14, 2021 | Civil Procedure, North Dakota

(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.
(d) [Transferred to Rule 58(b) ].

N.d. R. Civ. P. 77

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.

EXPLANATORY NOTE Rule 77 was amended, effective March 1, 1990;March 1, 1999;March 1, 2000;March 1, 2002;March 1, 2011. Subdivision (b) was amended, effectiveMarch 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), effectiveMarch 1, 2000. Rule 77 was amended, effectiveMarch 1, 2011, in response to theDecember 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. STATUTES AFFECTED: Sections 28-2002, N.D.R.C. 1943, and N.D.C.C. ยง 27-05-07.

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).