Clerk’s Authority.
U.S. District Court for the District of Guam
U.S. District Court for the District of Guam
Clerk’s Authority. (a) Orders Grantable by Clerk. The Clerk of Court is authorized to grant, sign, and enter the following orders without further direction by the Court. Any orders so entered may be suspended, altered, or rescinded by the Court for cause shown: Orders on consent satisfying a judgment or an order for the payment of money, (1) annulling bonds, and exonerating sureties; Orders entering judgments on verdicts or decisions of the Court in circumstances (2) authorized in Fed. R. Civ. P. 58, and orders entering defaults for failure to plead or otherwise defend, in accordance with Fed. R. Civ. P. 55, Federal Rules of Civil Procedure; and Any other orders which pursuant to Fed. R. Civ. P. 77(c) do not require (3) allowance or order of the Court. - 27 - (b) Notice of Court Orders and Judgments.
Immediately upon the entry of an order or judgment in an action within the Electronic Filing System, the Clerk of Court will transmit to filing users a Notice of Electronic Filing (“NEF”). Electronic transmission of the NEF constitutes the Notice required by Fed. R. Civ. P. 77(d). The Clerk of Court must give notice in paper form to a person who has not registered for electronic filing and has not consented to electronic service by other means. CVLR 79 Custody and Disposition of Non-Electronically Submitted Exhibits and Depositions.
(a) Custody. Unless otherwise ordered by the Court, each exhibit offered in evidence and all depositions and transcripts shall be held in the custody of the Clerk of Court. Unless reason exists for retaining originals, the judge will, upon application, order them returned to the party to whom they belong upon the filing of copies thereof approved by counsel for all parties concerned. All exhibits received in evidence that are in the nature of narcotic drugs, illegal or counterfeit money, firearms, or contraband of any kind shall be entrusted to the custody of the arresting or investigative agency of the government pending disposition of the action and for any appeal period thereafter.
Delivery to Person Entitled. In all cases in which final judgment has been entered and (b) the time for filing a motion for new trial or rehearing and for appeal has passed, any party or person may withdraw any exhibit or deposition originally produced by him, without Court order, upon fourteen (14) days written notice to all parties, unless within that time another party or person files notice of claim thereto with the Clerk. In the event of competing claims, the Court shall determine the person entitled and order delivery accordingly. For good cause shown, the Court may allow withdrawal or determine competing claims in advance of the time above specified.
Unclaimed Exhibits. If exhibits or deposition transcripts are not withdrawn within forty (c) (40) days after the time when notice may first be given under subdivision (b) of this rule, the Clerk may destroy them or make other disposition as he or she sees fit. - 28 -
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