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Rule 77

Rule 77. District courts and clerks.

(a) District courts always open. The district courts shallbe deemed always open for the purpose of filing any pleading or other properpaper, of issuing and returning mesne and final process, and of making anddirecting all interlocutory motions, orders, and rules.

(b) Trials and hearings; orders in chambers. All trials uponthe merits shall be conducted in open court and so far as convenient in aregular courtroom. All other acts or proceedings may be done or conducted by ajudge in chambers without the attendance of the clerk or other court officialsand at any place within the state, either within or without the district; butno hearing, other than one ex parte, shall be conducted outside the countywherein the matter is pending without the consent of all the parties to theaction affected thereby.

(c) Clerk's office and orders by clerk. The clerk's officewith the clerk or a deputy in attendance shall be open during business hours onall days except Saturdays, Sundays, and legal holidays. All motions andapplications in the clerk's office for issuing mesne process, for issuing finalprocess to enforce and execute judgments, for entering defaults or judgments bydefault, and for other proceedings which do not require allowance or order ofthe court are grantable of course by the clerk; but such action may besuspended or altered or rescinded by the court upon cause shown.

Advisory Committee Notes