(a) District Courts Always Open. The district courts 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; but no hearing, other than one ex parte, shall be conducted outside the district 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, Sundays, and legal holidays, but a district court may provide by local rule or order that its clerk’s office shall be open for specified hours on Saturdays or particular legal holidays other than New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. 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or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown.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) 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 Rule 4(a) of the Federal Rules of Appellate Procedure.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001.)
added in current removed in current
Compared to current version (2025).
(a) District Courts AlwayWhen Court Is Open. TheEvery district courts shall be deem is considered always open for the purpose of filing any pleading or other properfiling any paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
(b) entering an order.
(b) Place for Trials and Hearings; Orders in Chambers. AllOther Proceedings. Every trials up on the merits shallmust be conducted in open court and, so far as convenient, in a regular court room. Allny 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 withoutwhere inside or outside the district; b. But no hearing, -other than one ex parte, shall-may be conducted outside the district without the consent of all parties affected thereby.
(c) Clerk ’ s Office and Orders by Clerkunless all the affected parties consent.
(c) Clerk ’ s Office Hours; Clerk ’ s Orders.
(1) Hours. The clerk’s office -with thea clerk or a deputy ion attendance shallduty-must be open during business hours on allevery days except Saturdays, Sundays, and legal holidays, b. But a district court may provide, by local rule or order that its clerk’s, require that the office shall be open for specified hours on Saturdays or a particular legal holidays other than New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. All motions aone listed in Rule 6(a)(6)(A).
(2) Orders. Subject to the court’s power to suspend, applications lter, or rescind the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, foraction for good cause, the clerk may:
(A) issue process;
(B) enter a default;
(C) entering a 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) under Rule 55(b)(1); and
(D) act on any other matter that does not require the court’s action.
(d) Serving Notice of an Orders or Judgments. Immediately upon the entry of.
(1) Service. Immediately after entering an order or judgment, the clerk shallmust serve a notice of the entry in the manner, as provided for in Rule 5(b), upon each party who is not in default for failureing to appear, and shall make a note in the docket of the service. The clerk must record the service on the docket. Any party may in additionalso may serve a notice of suchthe entry in the manneras provided in Rule 5(b) for the service of papers.
(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry by the clerk does not affect the time tofor appeal or relieve -or authorize the court to relieve -a party for failureing to appeal within the time allowed, except as permitted in Rule 4(a) of theallowed by Federal Rules of Appellate Procedure (4)(a).
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 25, 2014, eff. Dec. 1, 2014.)