NRCP

NRCP 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.

    (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 nonjudicial 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or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown.
    [As amended; effective January 1, 2005.]

    (d) Reserved.

  • Drafter’s Note

    2004 Amendment

    Subdivision (e) is deleted because of the 2001 legislative repeal of the statutes that had required district court clerks to publish lists of submitted cases and because the issue is better handled by local rule.