(a)
When Court Is Open.
Every district court is
considered always open for filing any paper, issuing
and returning process, making a motion, or entering
an order.
(b)
Place for Trial and Other Proceedings.
Every
trial on the merits must be conducted in open court
and, so far as convenient, in a regular courtroom.
Any other act or proceeding may be done or
conducted by a judge in chambers, without the
attendance of the clerk or other court official, and
anywhere inside or outside the district. But no
hearing — other than one ex parte — may be
conducted outside the district unless all the affected
parties consent.
(c)
Clerk’s Office Hours; Clerk’s Orders.
(1) Hours.
The clerk's office — with a clerk or
deputy on duty — must be open during business
hours every day except Saturdays, Sundays, and
legal holidays. But a court may, by local rule or
order, require that the office be open for specified
hours on Saturday or a particular legal holiday
other than one listed in Rule 6(a)(4)(A).
(2) Orders.
Subject to the court's power to suspend,
alter, or rescind the clerk's action for good cause,
the clerk may:
(A) issue process;
(B) enter a default;
(C) enter a default judgment 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 Order or Judgment.
(1) Service.
Immediately after entering an order or
judgment, the clerk must serve notice of the
entry, as provided in Rule 5(b), on each party
who is not in default for failing to appear. The
clerk must record the service on the docket. A
party also may serve notice of the entry as
provided in Rule 5(b).
(2) Time to Appeal Not Affected by Lack of
Notice.
Lack of notice of the entry does not
affect the time for appeal or relieve — or
authorize the court to relieve — a party for
failing to appeal within the time allowed, except
as allowed by Federal Rule of Appellate
Procedure (4)(a).