§ RULE 77. DISTRICT COURTS AND CLERKS

RULE 77. DISTRICT COURTS AND CLERKS

(a) District Courts Always Open. The district courts shall be deemed always 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 shall be conducted in open court and so far as convenient in a regular court room, except private trial may be had as provided by statute. 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, shall be conducted outside the district without the consent of all parties affected thereby.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to permit private trial as provided by statute.

(c) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and non-judicial days. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.

ADVISORY COMMITTEE'S NOTE

The federal rule was revised in 1953 to substitute the words “other nonjudicial days” for “legal holidays.” The 1964 amendment adds Saturdays and effects technical changes.

(d) Reserved.