PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section X. District Courts and Clerks


RULE 77.1

HOURS OF THE COURT

(a) Location and Hours. The office of the Clerk of Court shall be at the United States Courthouse, 550 West Fort Street MSC 039, Room 400, Boise, Idaho 83724. The regular hours shall be from 8 a.m. to 5 p.m. each day except Saturday, Sunday, and legal holidays or other days so ordered by the court. Divisional offices are located at: 220 E. 5th St, Moscow, Idaho 83843; 250 S. 4th Ave. Pocatello, Idaho 83201; and 205 N. 4th, 2nd Floor, Coeur d'Alene, Idaho 83814.

(b) 24 Hour Filing Box. Filings may be made before and after regular office hours or on Saturdays, Sundays, and legal holidays by using the 24 hour filing box located outside the entrance to the Federal Building at each location. Documents with cash must be filed at the Clerk's Office.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 77(c)


RULE 77.2

ORDERS AND JUDGMENTS GRANTABLE BY THE CLERK OF COURT

Orders Grantable by Clerk. The Clerk is authorized to sign and enter orders specifically allowed to be signed by the clerk under the Federal Rules of Civil Procedure and is authorized to sign and enter the following orders without further direction of a judge:

(a) Orders specifically appointing persons to serve process or for service of process by publication in accordance with Fed. R. Civ. P. 4;

(b) Orders by stipulation noting satisfaction of a judgment, providing for the payment of money, withdrawing stipulations, annulling bonds, exonerating sureties or setting aside a default;

( c) Order of dismissal by stipulation, with or without prejudice, except in cases to which Rules 23, 23.1, or 66 of Fed. R. Civ. P. apply;

(d) Orders entering default for failure to plead or otherwise defend in accordance with Fed. R. Civ. P. 55;

(e) Any other orders which pursuant to Fed. R. Civ. P. 77(c) do not require direction by the court;

(f) Orders for extension of time may be entered by the clerk upon stipulation of all parties. An ex parte motion for extension of time not to exceed fifteen (15) days may be granted once, at the discretion of the clerk, if accompanied by a statement showing specific reasons for the extension of time and that opposing counsel has been contacted and does not object. Any opposing party may move to have the extension of time set aside. Orders for extension of time shall be limited to:

(1) Motion to dismiss or answer to complaint;

(2) Answer or objection to interrogatories under Fed. R. Civ. P.31 and 33;

(3) Response to requests for production or for inspection under Fed. R. Civ. P. 34; and

(4) Response to requests for admissions under Fed. R. Civ. P. 36.

(g) Orders granting application by attorneys to proceed pro hac vice pursuant to Rule 83.5.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 77(c)


RULE 77.4

SESSIONS OF THE COURT

(a) This court shall be in continuous session for transacting judicial business in Boise, Idaho, on all business days throughout the year and shall hold sessions of court in Coeur d'Alene, Moscow, and Pocatello, Idaho, at such times as the judicial workload of this court may warrant.

(b) Any judge of this court may, in the interest of justice or to further the efficient performance of the business of the court, conduct proceedings at a special session at any time, anywhere in the district, on request of a party or otherwise.

 

Revised 8/1/97

RELATED AUTHORITY

28 U.S.C. 138-139, 28 U.S.C. 141

Fed. R. Civ. P. 77


RULE 77.6

COURT LIBRARY

The Ninth Circuit law library is located on the sixth floor of the Federal Building and United States Courthouse in Boise, Idaho. The library is for the primary use of judges and personnel of the federal court. .

In addition, attorneys admitted to practice in this court may use the library when circumstances require. The library is operated in accordance with such rules and regulations as the court may from time to time adopt.

 

Revised 8/1/97

RELATED AUTHORITY

NONE


RULE 77.7

EX PARTE COMMUNICATION WITH JUDGES

Attorneys or parties to any action or proceeding should refrain from writing letters to the judge, or otherwise communicating with the judge unless opposing counsel is present. All matters to be called to a judge's attention should be formally submitted as hereinafter provided.

RELATED AUTHORITY

NONE


RULE 79.1

CUSTODY OF FILES AND EXHIBITS

(a) Files. All files of the court shall remain in the custody of the clerk and no court pleadings, documents, exhibits, etc, shall be taken from the custody of the clerk without a special order of a judge and a proper receipt signed by the person obtaining the pleading or court document. Orders shall be granted only in extraordinary circumstances.

(b) Exhibits and Transcripts.

(1) The exhibits offered or admitted at trial shall be retained by the Clerk until the time for appeal has expired. After the time for appeal has elapsed, normally thirty (30) days, the exhibits shall be returned to the party or attorney offering the exhibit.

(2) In the event an appeal is prosecuted by any party, the Ninth Circuit will specifically request exhibits it believes are relevant.

(3) If any party, having received notice from the clerk concerning the removal of appellate exhibits, fails to do so within thirty (30) days from the date of such notice, the clerk may destroy or otherwise dispose of those exhibits.

RELATED AUTHORITY

NONE


 

CIVIL RULE 81.1

REMOVAL ACTIONS -- STATE COURT RECORDS

This rule applies to civil actions removed to the United States District Court for the District of Idaho from the state courts and governs procedure after removal. The removing party shall file a complete copy of the state court record and a copy of the docket sheet at the time of removal. Such state court record shall be filed with a supplemental civil cover sheet for notices of removal as provided by the Clerk of Court. (See D. Id. L. Civ. R. 5.1(d)(2))

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P.81(c)