Rule 58A. Entry of
judgment; abstract of judgment.
(a) Separate document
required.
Every judgment and amended judgment must be set out in a separate document
ordinarily titled “Judgment”—or, as appropriate, “Decree.”
(b) Separate document
not required. A
separate document is not required for an order disposing of a post-judgment
motion:
(b)(1)
for judgment under Rule 50(b);
(b)(2)
to amend or make additional findings under Rule 52(b);
(b)(3)
for a new trial, or to alter or amend the judgment, under Rule 59; or
(b)(4)
for relief under Rule 60.
(c) Preparing a
judgment.
(c)(1) Preparing and serving a proposed
judgment.
The prevailing party or a party directed by the court must prepare and serve on
the other parties a proposed judgment for review and approval as to form. The
proposed judgment shall be served within 14 days after the jury verdict or
after the court’s decision. If the prevailing party or party directed by the
court fails to timely serve a proposed judgment, any other party may prepare a
proposed judgment and serve it on the other parties for review and approval as
to form.
(c)(2) Effect of approval as to form. A party’s approval as
to form of a proposed judgment certifies that the proposed judgment accurately
reflects the verdict or the court’s decision. Approval as to form does not
waive objections to the substance of the judgment.
(c)(3) Objecting to a proposed judgment. A party may object to
the form of the proposed judgment by filing an objection within 7 days after
the judgment is served.
(c)(4) Filing proposed judgment. The party preparing a
proposed judgment must file it:
(c)(4)(A)
after all other parties have approved the form of the judgment; (The party
preparing the proposed judgment must indicate the means by which approval was
received: in person; by telephone; by signature; by email; etc.)
(c)(4)(B)
after the time to object to the form of the judgment has expired; (The party
preparing the proposed judgment must also file a certificate of service of the
proposed judgment.) or
(c)(4)(C)
within 7 days after a party has objected to the form of the judgment. (The
party preparing the proposed judgment may also file a response to the
objection.)
(d) Judge’s signature;
judgment filed with the clerk. Except as provided in paragraph (h) and Rule 55(b)(1),
all judgments must be signed by the judge and filed with the clerk. The clerk
must promptly record all judgments in the docket.
(e) Time of entry of
judgment.
(e)(1)
If a separate document is not required, a judgment is complete and is entered when
it is signed by the judge and recorded in the docket.
(e)(2)
If a separate document is required, a judgment is complete and is entered at
the earlier of these events:
(e)(2)(A)
the judgment is set out in a separate document signed by the judge and recorded
in the docket; or
(e)(2)(B)
150 days have run from the clerk recording the decision, however designated,
that provides the basis for the entry of judgment.
(f) Notice of judgment. The party preparing
the judgment shall promptly serve a copy of the signed judgment on the other
parties in the manner provided in Rule 5 and
promptly file proof of service with the court. Except as provided in Rule of
Appellate Procedure 4(g), the time
for filing a notice of appeal is not affected by this requirement.
(g) Judgment after
death of a party.
If a party dies after a verdict or decision upon any issue of fact and before
judgment, judgment may nevertheless be entered.
(h) Judgment by
confession.
If a judgment by confession is authorized by statute, the party seeking the
judgment must file with the clerk a statement, verified by the defendant, as
follows:
(h)(1)
If the judgment is for money due or to become due, the statement must concisely
state the claim and that the specified sum is due or to become due.
(h)(2)
If the judgment is for the purpose of securing the plaintiff against a
contingent liability, the statement must state concisely the claim and that the
specified sum does not exceed the liability.
(h)(3)
The statement must authorize the entry of judgment for the specified sum.
The
clerk must sign the judgment for the specified sum.
(i) Abstract of
judgment.
The clerk may abstract a judgment by a signed writing under seal of the court
that:
(i)(1)
identifies the court, the case name, the case number, the judge or clerk that
signed the judgment, the date the judgment was signed, and the date the
judgment was recorded in the registry of actions and the registry of judgments;
(i)(2)
states whether the time for appeal has passed and whether an appeal has been
filed;
(i)(3)
states whether the judgment has been stayed and when the stay will expire; and
(i)(4)
if the language of the judgment is known to the clerk, quotes verbatim the
operative language of the judgment or attaches a copy of the judgment.