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Supreme Court Rules
Section/Rule:
20.02
Subject:
Rule 20 - Rules of Criminal Procedure - Misdemeanors or Felonies - Time - Computation of - Expiration of Term - Service of Motions
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Court Open, When - Motions and Proceedings Grantable by Clerk
Revised / Effective Date:
Janaury 1, 1980
20.02. Misdemeanors or Felonies - Court Open, When - Motions and Proceedings Grantable by Clerk
(
a
)
Court Always Open for Certain Purposes.
The court 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
)
Motions and Proceedings Grantable by Clerk.
All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable as of course by the clerk; but this action may be suspended or altered or rescinded by the court upon cause shown.
(Adopted June 13, 1979, eff. Jan. 1, 1980.)
Committee Note - 1979
Paragraph (a) is the same as
Rule 45.01
.
This paragraph is substantially the same as the first sentence of prior Rule 31.05.
Paragraph (b) is substantially the same as
Rule 46.01
and is also substantially the same as the last two sentences of prior Rule 31.05.
The sentence specifying when the clerk's office shall be actually open was deleted because it is not a proper subject of Supreme Court Rules.
