RULE 45. DUTIES OF CLERK
Effective Date: 3/1/1999
Obsolete Date: 3/1/2003
(a) General Provisions. The clerk of the supreme court shall take the oath and give the bond required by law. Neither the clerk nor any deputy clerk shall practice as an attorney or as counselor in any court while in office. The supreme court is deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. The office of the clerk, with the clerk or a deputy in attendance, must be open during business hours on all days except Saturdays, Sundays, and legal holidays. The clerk is under no obligation to give notice to the parties of time deadlines.
(b) The Docket; Calendar; Other Records Required. The clerk shall keep a book known as the docket, and shall enter therein each case. Cases must be assigned consecutive file numbers. The file number of each case must be noted on the folio of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders, and judgments must be entered chronologically in the docket on the folio assigned to the case. Entries must be brief and show the nature of each paper filed or judgment or order entered. The entry of an order or judgment must show the date the entry is made. The clerk shall keep a suitable index of cases contained in the docket.
The clerk shall prepare, under the direction of the supreme court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to habeas corpus proceedings, to appeals in criminal cases, and to appeals and other proceedings entitled to preference by law.
The clerk shall keep such other books and records as may be required by the supreme court.
(c) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of entry by mail or third-party commercial carrier upon each party to the proceeding together with a copy of any opinion respecting the order or judgment. The clerk shall note in the docket the notice and opinion were served. Service on a party represented by counsel must be made on counsel.
(d) Custody of Records and Papers. The clerk shall have custody of the records and papers of the court. The clerk may not permit any original record or paper to be taken from the clerk's custody except as authorized by the orders or instructions of the supreme court. Original papers transmitted as the record on appeal or review must be returned upon disposition of the case to the court or agency from which they were received. The clerk shall preserve copies of briefs and appendices and other papers filed.
Rule 45 was amended, effective January 1, 1988; March 1, 1999; March 1, 2003; March 1, 2007; October 1, 2014.
This rule is derived from Fed.R.App.P. 45.
Paragraph (a) (2) provides, in part, that the clerk has no obligation to notify counsel of approaching deadlines. Conversely, neither counsel nor parties have the right to require or rely on notification from the clerk.
Subdivision (c) was amended, effective March 1, 1999, to allow the clerk to send the notice and opinion via commercial carrier as an alternative to mail. Subdivision (c) was amended, effective March 1, 2007, to allow service by electronic means.
As noted in paragraph (b) (2) , the clerk prepares the court calendar under the direction of the court. Presently, a case is assigned to the next court term at least 17 days after the brief of the appellee or cross-appellee is filed. For example, if an appellee's brief is filed on March 25, the case will be heard during the May term of court.
Rule 45 was amended, effective March 1, 2003. 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.
Rule 45 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court" and "paper" with "document."
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, page 27; January 29-30, 1998, page 22; February 19-20, 1987, page 9; September 18-19, 1986, pages 23-25; January 12-13, 1978, pages 24-25. Fed.R.App.P. 45.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 28-27-30, 28-31-02, 28-31-03, and 29-28-22.