Rule 77.
376 words·~2 min read·
/mt/title-25/chapter-20/part-10/77·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Rule 77 . Conducting Business; Clerk's Authority; Notice of an Order or Judgment.
(a)When Court Is Open. Every district court is considered always 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 consent.
(c)Clerk's 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)Notice of Entry of Judgment or Order Served. Within 14 days after entry of judgment or an order in an action in which an appearance has been made, notice of such entry, together with a copy of such judgment or order or general description of the nature and amount of relief and damages thereby granted, shall be served by the prevailing party upon all parties who have made an appearance, but any other party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers.
(e)Transmittal of File on Removal. Upon the filing of a copy of the petition for removal of any state district court action to the district court of the United States, district of Montana, and a request in writing therefor, the clerk of such state district court shall promptly deliver to the clerk of court of the district court of the United States, district of Montana, all papers then in the original state court file, or theretofore issued and subsequently filed and shall keep in the state court file only the copy of the petition for removal and such papers as were filed with the request for removal.