Rule 77 – The Court of Common Pleas: Clerks Records and Exhibits

May 15, 2021 | Civil Procedure, Civil Procedure common pleas, Delaware

(a) The Court of Common Pleas always open. The Court of Common Pleas shall be deemed always open for the purpose of the transaction of business.
(b) Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open Court and so far as convenient in a regular courtroom. 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 within the discretion of the judge.
(c) Omitted.
(d) Notice of orders of judgments. Immediately upon the entry of an order of judgment the Clerk of the Court shall serve a notice of the entry by mail in the manner provided for in Rule 5 upon each party who is not in default for failure to appear and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these Rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the Clerk does not affect the time to appeal or relieve a party for failure to appeal within the time allowed.
(e) Duties of Clerk.

(1) Court attendance. The Clerk or a deputy clerk shall attend the Court in person.
(2) Dockets. The keeping of properly indexed dockets shall be the responsibility of the Clerk of the Court.
(3) Docketing appeals de novo. Where on appeal the action is tried de novo, no appeal shall be entered in the docket until a certified transcript of the record shall be filed with the Clerk of the Court.
(4) Notice of amendment of rules. The Clerk of the Court shall give to all members of the Bar of this Court notice of any amendment to these Rules within 10 days from the adoption thereof.
(f) Records and exhibits.

(1) Custody. The Clerk of the Court shall have custody of the records and papers of the Court. The Clerk shall not permit any original record, paper or exhibit to be taken from the courtroom or from the Clerk’s office except at the direction of the Court or as provided by statute or by these Rules or by the Rules of the Supreme Court.
(2) Removal of exhibits. Exhibits shall not be removed prior to the time provided in these Rules except on motion or stipulation and order of the Court.
(3) Disposition of exhibits. After the final determination of a cause by the Court and the expiration of the period for the notice of an appeal and the perfection thereof, if no such appeal has been perfected, all exhibits shall be disposed of in accordance with the direction of the Court.
(4) Stenographic notes. The court reporters in all civil matters before the Court shall retain the stenographic notes and audio tapes in a place designated by the Court for a period of 10 years from the date of the notes and/or tapes. After such time, the court reporters are directed to destroy said notes and tapes unless the Court, or any judge thereof, has prescribed a longer period of time in a particular case. Stenographic notes and audio tapes of all civil matter shall be presumed to be destroyed after 10 years.
(g) Opinions to be dated. Each written opinion (including letter opinions) shall bear two dates immediately under the caption of the case:

(1) The date of the last oral argument, or brief filed, or other final submission of the case for decision; and
(2) The date of the filing of the opinion or order.

Del. Civ. R. C.P. 77