Rule 77 Court and Clerks

Court Always Open. The court must maintain regular business hours, but for certain case types; and the court should be deemed always open for the purpose of e-filing.

Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the Commonwealth. But no hearing—other than one ex parte—may be conducted outside the Commonwealth unless all the affected parties consent.

Clerk’s Office and Orders by Clerk. The clerk’s office with the clerk or a deputy in attendance must be open during business hours on all days except Saturdays, Sundays, legal holidays, and other days as ordered by the chief justice. 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 by the clerk. The clerk is also authorized to grant, sign, and enter the following orders without further direction by the court:

(1) Orders on consent extending once (for 10 days) the time within which to plead or otherwise defend or to make any motion (except a motion for a new trial) if the time originally prescribed to plead, defend, or move has not expired;

(2) Orders on consent for the substitution of attorneys;

(3) Orders on consent satisfying a judgment or an order for the payment of money, annulling bonds, and exonerating sureties. The clerk must promptly prepare and enter on the docket any order or judgment which the clerk is authorized to make without order of the court. Any action taken by the clerk pursuant to Rule 77(c) may be suspended, altered, or rescinded by the court upon cause shown.

Serving Notice of an Order or Judgement.

(1) Service. Immediately after entering an order or judgment, the clerk must serve notice of the entry, as provided in Rule 5(b), on each party who is not in default for failing to appear. The clerk must record the service on the docket. A party also may serve notice of the entry as provided in Rule 5(b).

(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry does not affect the time for appeal or relieve—or authorize the court to relieve—a party for failing to appeal within the time allowed, except as allowed by the NMI Supreme Court Rules.