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Rule 58A. Entry of judgment;abstract of judgment.

(a) Separate document required.Every judgment and amended judgment must be set out in a separate documentordinarily titled ?Judgment??or, as appropriate, ?Decree.?

(b) Separate document not required. A separatedocument 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 partyor a party directed by the court must prepare and serve on the other parties aproposed judgment for review and approval as to form. The proposed judgmentshall be served within 14 days after the jury verdict or after the court?sdecision. If the prevailing party or party directed by the court fails totimely serve a proposed judgment, any other party may prepare a proposedjudgment 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 toform of a proposed judgment certifies that the proposed judgment accuratelyreflects the verdict or the court?s decision. Approval as to form does notwaive objections to the substance of the judgment.

(c)(3)Objecting to a proposed judgment. A party may object to theform of the proposed judgment by filing an objection within 7 days after thejudgment is served.

(c)(4)Filing proposed judgment. The party preparing a proposed judgmentmust file it:

(c)(4)(A)after all other parties have approved the form of thejudgment; (The party preparing the proposed judgment must indicate the means bywhich 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 judgmenthas expired; (The party preparing the proposed judgment must also file acertificate of service of the proposed judgment.) or

(c)(4)(C)within 7 days after a party has objected to the formof the judgment. (The party preparing the proposed judgment may also file aresponse to the objection.)

(d) Judge?s signature; judgment filedwith the clerk. Except as provided in paragraph (h) and Rule55(b)(1), all judgments must be signed by thejudge and filed with the clerk. The clerk must promptly record all judgments inthe docket.

(e) Time of entry of judgment.

(e)(1)If a separate document is not required, a judgment is complete and is enteredwhen 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 atthe earlier of these events:

(e)(2)(A)the judgment is set out in a separate document signedby 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. Amotion or claim for attorney fees does not affect the finality of a judgmentfor any purpose, but under Rule of Appellate Procedure 4,the time in which to file the notice of appeal runs from the disposition of themotion or claim.

(g) Notice of judgment. Theparty preparing the judgment shall promptly serve a copy of the signed judgmenton the other parties in the manner provided in Rule 5 andpromptly file proof of service with the court. Except as provided in Rule ofAppellate Procedure 4(g),the time for filing a notice of appeal is not affected by this requirement.

(h) Judgment after death of a party. Ifa party dies after a verdict or decision upon any issue of fact and beforejudgment, judgment may nevertheless be entered.

(i) Judgmentby confession. If a judgment by confession is authorized bystatute, the party seeking the judgment must file with the clerk a statement, verifiedby the defendant, as follows:

(i)(1) If the judgment is for moneydue or to become due, the statement must concisely state the claim and that thespecified sum is due or to become due.

(i)(2) If the judgment is for the purposeof securing the plaintiff against a contingent liability, the statement muststate concisely the claim and that the specified sum does not exceed theliability.

(i)(3) The statement must authorizethe entry of judgment for the specified sum.

Theclerk must sign the judgment for the specified sum.

(j) Abstract of judgment. Theclerk 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 thatsigned the judgment, the date the judgment was signed, and the date thejudgment was recorded in the registry of actions and the registry of judgments;

(j)(2)states whether the time for appeal has passed andwhether an appeal has been filed;

(j)(3)states whether the judgment has been stayed and whenthe 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 attachesa copy of the judgment.

Advisory Committee Note

 

Effective November 1, 2016.