GCO 1989-2

November 1, 1989


     In order to allow clerks to grant orders of dismissal for failure to prosecute and orders enlarging time by up to 30 days for pleadings or defenses, General Court Order 1981-5 regarding orders grantable by clerks is hereby amended and replaced by this General Court Order 1989-2, to read as follows:

     Any clerk of this Court is authorized to grant, sign and enter the following orders without further direction by the Court, but any orders so entered may be suspended, altered, or rescinded by the Court for cause shown:

1.  Orders specially appointing persons of suitable discretion and eighteen (18) years of age or older to serve process.

2.  Orders for the substitution of attorneys in civil cases when requested and consented to by the parties.

3.  Orders pursuant to unopposed motions to extend once for 30 days or less the time in which to plead or otherwise defend or to make any motion except a motion for a new trial, if the time originally prescribed to plead, defend or move has not expired.

4.  Orders on consent satisfying a judgment or orders on consent for the payment of money, annulling bonds and exonerating sureties.

5.  Judgments upon decisions of the Court in circumstances authorized in FSM Civ. R. 58; default judgments as provided in FSM Civ. R. 55(b)(1), and any other orders which under FSM Civ. R. 77(c) do not require special direction by the Court, including orders for appearances for examination in open court pursuant to FSM Civ. 69(a), orders to show cause where a judgment debtor has failed to appear when ordered to do so in a Court under FSM Civ. 69(a), judgments based upon a stipulation of the parties for entry of judgment, and orders dismissing a case for failure to prosecute, issued pursuant to the inherent powers of the court.

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