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North Dakota Rules of Civil Procedure

Rule 77

District Courts and Clerks

(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)].
Credits

[Amended effective March 1, 1990; March 1, 1999; March 1, 2000; March 1, 2002; March 1, 2011.]

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, 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.

Rules 78 and 79Fed.R.Civ.P., concern motion day and books and records kept by the clerk of court, respectively. Because these subjects are adequately covered in North Dakota statutes and rules, these two rules were not adopted for North Dakota. See N.D.C.C. § 11-17-01.

Rules 78 and 79Fed.R.Civ.P., concern motion day and books and records kept by the clerk of court, respectively. Because these subjects are adequately covered in North Dakota statutes and rules, these two rules were not adopted for North Dakota. See N.D.C.C. § 11-17-01.

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.

Joint Procedure Committee Minutes of January 17-18, 1980, page 10. Rules Civ. Proc., R. 78, ND R RCP R. 78 garcia griego, paz 4/16/2026 For Educational Use Only Rules 78 AND 79. [Reserved for Future Use], ND R RCP R. 79 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) X. District Courts and Clerks R. 79, N.D.R.Civ.P. Rules 78 AND 79. [Reserved for Future Use] Currentness

Joint Procedure Committee Minutes of January 17-18, 1980, page 10. Rules Civ. Proc., R. 79, ND R RCP R. 79

Statutes Affected

SUPERSEDED: N.D.C.C. § 27-05-07.

Cross References

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). garcia griego, paz 4/16/2026 For Educational Use Only Rules 78 AND 79. [Reserved for Future Use], ND R RCP R. 78 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) X. District Courts and Clerks R. 78, N.D.R.Civ.P. Rules 78 AND 79. [Reserved for Future Use] Currentness