Rule 77.Conducting Business; Clerk’s Authority; Notice of an Order or Judgment

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 77 keeps every district court 'always open,' lets the clerk handle routine matters like issuing process and entering defaults, and requires the prevailing party to serve notice of entry of judgment within 14 days.

Full Text of Rule 77

Text sizeJump to: (a) (b) (c) (d) (e)

(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 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) Notice of Entry of Judgment or Order Served. Within 14 days after entry of judgment or an order in an action in which an appearance has been made, notice of such entry, together with a copy of such judgment or order or general description of the nature and amount of relief and damages thereby granted, shall be served by the prevailing party upon all parties who have made an appearance, but any other party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers.

(e) Transmittal of File on Removal. Upon the filing of a copy of the petition for removal of any state district court action to the district court of the United States, district of Montana, and a request in writing therefor, the clerk of such state district court shall promptly deliver to the clerk of court of the district court of the United States, district of Montana, all papers then in the original state court file, or theretofore issued and subsequently filed and shall keep in the state court file only the copy of the petition for removal and such papers as were filed with the request for removal. *** No Montana Rules 78-79.***

Plain-English Summary

Rule 77 covers the housekeeping of how courts operate. Every district court is considered always open for filing papers, issuing process, making motions, and entering orders. Trials on the merits are held in open court, while other acts may be done by a judge in chambers anywhere in the district (with out-of-district hearings requiring consent). The clerk may issue process, enter a default, enter a clerk's default judgment, and act on routine matters — subject to the court's power to revisit.

One practically important duty: within 14 days after entry of a judgment or order in a case where an appearance has been made, the prevailing party must serve notice of entry on all parties who appeared. That notice often starts the clock for post-judgment motions and appeal. The rule also governs transmitting the case file when an action is removed to federal court.

Frequently Asked Questions

Is a Montana district court ever 'closed' for filing?

No. Every district court is considered always open for filing papers, issuing and returning process, making motions, and entering orders.

Who must give notice that a judgment has been entered?

The prevailing party must serve notice of entry of judgment on all parties who appeared, within 14 days after entry.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: court always openclerk authoritynotice of entry of judgment