§ Rule 77 Sessions of court-Orders or judgments
Rule 77. Sessions of court--Orders or judgments
(a) Court in Continuous Session--Terms Abolished. All courts shall be deemed to be in continuous session. Any hearings or proceedings may be continued to a time and place certain by order of the court upon motion of any party, upon stipulation of the parties, or upon motion of the court. For purposes of these rules governing procedure in civil actions, the definitions of chambers of court, terms of court, vacation of court and adjournments of hearings are hereby abolished.
(b) Trials and Hearings. All trials upon the merits of every court of justice shall be conducted in open court and so far as convenient in a regular courtroom; except that in an action for a divorce, annulment, criminal conversation, seduction, civil protection order or breach of promise of marriage, the court may exclude all persons from the courtroom except the officers of the court, the parties, their witnesses, and counsel, provided that in any cause the court may exclude witnesses as provided in the Idaho Rules of Evidence. All trials or hearings of any court held before a judge or magistrate assigned thereto, and all judgments and orders issued by such courts shall be deemed to have been done in open court regardless of the place held. In the discretion of the court, any hearing except a trial or evidentiary hearing may be held outside the county in which the action was filed or transferred for change of venue. By stipulation of the parties, a trial or evidentiary hearing may be held outside the county in which the action was filed or transferred for change of venue. A minute entry shall be made by the clerk of the court under the direction of the court of all court proceedings and filed in the official file of the action.
(c) Clerk's Office and Orders by Clerk. The office of the clerk of the district court with the clerk or a deputy in attendance shall be open for the transaction of business on such days and during such hours as the administrative district judge of the judicial district in which the county is located may prescribe. All motions and applications in the clerk's office for issuing process, 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allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
(d) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk of the district court, or magistrates division, shall serve a copy thereof, with the clerk's filing stamp thereon showing the date of filing, by mail on every party affected thereby by mailing or delivering to the attorney of record of each party, or if the party is not represented by an attorney, by mailing to the party at the address designated by the prevailing party as most likely to give notice to such party. The prevailing party, or other party designated by the court to draft an order or judgment, shall provide and deliver to the clerk sufficient copies for service upon all parties together with envelopes addressed to each party, as provided above, with sufficient postage attached, unless otherwise ordered by the court. The clerk shall make a note in the court records of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these rules; but any party preparing an order or judgment shall in addition serve a copy on each party in the manner provided in Rule 5 for the service of papers. Lack of notice of entry of an order or judgment does not affect the time to appeal or to file a post-judgment motion, or relieve or authorize the court to relieve a party for failure to ap eal or file a post-trial motion within the time allowed, except where there is no showing of mailing by the clerk in the court records and the party affected thereby had no actual notice.
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.