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;
(b)(4)
for relief under Rule 60; or
(b)(5)
for attorney fees under Rule 73.
(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) Award of attorney fees. A
motion or claim for attorney fees does not affect the finality of a judgment
for any purpose, but under Rule of Appellate Procedure 4,
the time in which to file the notice of appeal runs from the disposition of the
motion or claim.
(g) 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.
(h) 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.
(i) 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:
(i)(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.
(i)(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.
(i)(3) The statement must authorize
the entry of judgment for the specified sum.
The
clerk must sign the judgment for the specified sum.
(j) Abstract of judgment. The
clerk may abstract a judgment by a signed writing under seal of the court that:
(j)(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;
(j)(2)
states whether the time for appeal has passed and
whether an appeal has been filed;
(j)(3)
states whether the judgment has been stayed and when
the stay will expire; and
(j)(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.
Effective November 1, 2016.