§ Rule 77. Superior Court and Clerk

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Rule 77. Superior Court and Clerk

(a) Superior Court Always Open.The Superior Court shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.

(b) Trials and Hearings; Orders in Chambers.All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the Clerk or other Court officials and at any place either within or without the District of Columbia; but no hearing, other than one ex parte, shall be conducted outside the District of Columbia without the consent of all parties affected thereby.

(c) Clerk's Office and Orders by Clerk.The Clerk's Office with the Clerk or a deputy in attendance shall be open during business hours on all days except Saturdays after 12:00 noon, Sundays, and legal holidays. 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or order of the Court are grantable of course by the Clerk; but the Clerk's action may be suspended or altered or rescinded by the Court upon cause shown.

(d)(1) Notice of Orders or Judgments.Immediately upon the entry of an order or judgment the clerk shall serve a notice of the entry in the manner provided for in Rule 5(b) upon each party who is not in default for failure to appear, and shall make a note in the docket of the service. Any party may in addition serve a notice of such entry in the manner provided in Rule 5(b) for the service of papers. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in the Rules for the District of Columbia Court of Appeals.

(2) Nothing in this rule shall preclude a judicial officer or his or her authorized staff member from performing the function of the Clerk prescribed in paragraph (d) of this rule.