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Rules of Civil Procedure

TITLE NINE — GENERAL PROVISIONS

  • 54Applicability of Rules
  • 55Jurisdiction and Venue Unaffected
  • 55.1Venue
  • 56Extraordinary Writs: Habeas Corpus; Mandamus; Quo Warranto
  • 57Administrative Court Proceedings
  • 58Records Kept by the Clerk; The Docket
  • 59Clerk’s Authority; Notice of Orders
  • 60Judge’s Standing Orders; Local Practice
  • 61Effective Date; Amendment of These Rules

TITLE NINE — GENERAL PROVISIONS

Rule 60. Judge’s Standing Orders; Local Practice

Cite asRid. R. Civ. P. 60Official text at page 85

In this rule

  • 1.Local Rules
  • 2.Standing Orders
  • 3.Publication
  • 4.Subject Matter
  • 5.Decorum in the Proceeding Communications
  • 6.What a Local Rule or Standing Order Shall Not Do
  • 7.Procedure Not Prescribed
1.§

Local Rules. The lower courts and their judges may prescribe local rules of practice. Such rules are binding only within the court where they are prescribed, shall not abridge, enlarge, or modify any substantive right, and shall not conflict with the rules of procedure, practice, and evidence set forth by the Supreme Court, as provided by 3 R. Stat. § 121.106(c).

2.§

Standing Orders. A judge may issue standing orders governing the conduct of proceedings before that judge. A standing order is subordinate to these rules and to any local rule, and shall not enlarge or diminish any right, defense, or period these rules prescribe.

3.§

Publication.

1.§

A local rule takes effect only upon publication in a manner reasonably calculated to reach the parties and the bar.

2.§

A standing order takes effect in a case only upon its entry on the docket of that case or its posting in the proceeding communications of that case.

3.§

No party shall be sanctioned, and no paper shall be stricken or rejected, for non-compliance with a local rule or standing order that was not published as this subdivision requires.

4.§

Subject Matter. A local rule or standing order may prescribe:

1.§

the conduct of proceedings in the proceeding communications of a case, including the order of speaking, the manner of addressing the court, and the manner of stating objections;

2.§

the scheduling and management of cases, consistent with Rule 13;

3.§

the form and length of papers, consistent with Rule 10, and the use of the document builder;

4.§

the manner in which exhibits are marked, presented, and identified;

5.§

the times at which the judge is available to hear emergency applications; and

6.§

any other matter of practice not inconsistent with these rules.

5.§

Decorum in the Proceeding Communications. Unless a standing order provides otherwise:

1.§

the court is addressed as “Your Honor,” and counsel address one another by title and surname or username;

2.§

only one person speaks at a time, and no person interrupts the court or a person then speaking;

3.§

an objection is stated in a short phrase identifying the ground, and argument on the objection is made only when the court invites it;

4.§

no participant shall edit or delete a message in the proceeding communications of a case, that record being a record of the court; a correction is made by a new message identifying what is corrected; and

5.§

an attorney is responsible for the conduct of the attorney’s client in the proceeding communications.

6.§

What a Local Rule or Standing Order Shall Not Do. No local rule or standing order shall:

1.§

require an act the electronic filing system cannot perform and that no clerk or judge can perform by hand;

2.§

require a filer to transmit a paper to another party, service being effected by the electronic filing system upon acceptance;

3.§

require a certificate of service or a proof of receipt as a condition of the validity of a filing;

4.§

purport to seal, redact, or remove a document; or

5.§

condition the docketing of a paper upon the payment of a fee.

7.§

Procedure Not Prescribed. Where neither these rules, nor a local rule, nor a standing order prescribes a procedure, the court shall proceed as Rule 54(4) directs.

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