Rule 77 — Conducting Business; Clerk’s Authority; Notice of an Order or Judgment

Fed. R. Civ. P. 77

• Source: Federal Rules of Civil Procedure
• Rule: 77
• TITLE X: DISTRICT COURTS AND CLERKS: CONDUCTING
• Citation: Fed. R. Civ. P. 77

Text

(a) WHEN COURT IS OPEN. Every district court is considered al-
ways open for filing any paper, issuing and returning process,
making a motion, or entering an order.

(b) 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 proceeding 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 district. But no hearing—other than one ex parte—may be
conducted outside the district unless all the affected parties con-
sent.
(c) CLERK’SOFFICEHOURS; CLERK’SORDERS.
(1) Hours. The clerk’s office—with a clerk or deputy on
duty—must be open during business hours every day except
Saturdays, Sundays, and legal holidays. But a court may, by
local rule or order, require that the office be open for specified
hours on Saturday or a particular legal holiday other than one
listed in Rule 6(a)(6)(A).
(2) Orders. Subject to the court’s power to suspend, alter, or
rescind the clerk’s action for good cause, the clerk may:
(A) issue process;
(B) enter a default;
(C) enter a default judgment under Rule 55(b)(1); and
(D) act on any other matter that does not require the
court’s action.
(d) SERVINGNOTICEOFANORDERORJUDGMENT.
(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 no-
tice of the entry does not affect the time for appeal or re-
lieve—or authorize the court to relieve—a party for failing to
appeal within the time allowed, except as allowed by Federal
Rule of Appellate Procedure (4)(a).

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 25, 2014, eff. Dec. 1, 2014.)