RULE 58. ENTRY AND NOTICE OF ENTRY OF JUDGMENT
(a) Entry of Judgment. Upon the filing of an order for judgment, the prevailing party
must submit to the clerk an appropriate form of the judgment. The clerk
shall must sign and
file the judgment and make an entry of enter it in the register of civil
actions, at which time
the judgment becomes effective.
If the prevailing party fails to submit to the clerk an appropriate form of the judgment within 30 days after the order for judgment is filed, any party may submit an appropriate form without prejudice to any rights that party may have to challenge it.
If the judgment directs the payment of money
in for a sum
certain, or which by calculation
a sum that can be made certain by calculation, the clerk shall
must also docket the judgment
in the judgment docket as provided by law.
(b) Notice of Entry of Judgment. Within
10 14 days after entry of
judgment in an action in
which an appearance has been made, notice of entry of judgment, together with
and a copy
of the judgment or a general description of the nature and amount of relief and damages
granted, must be served by the prevailing party upon on the
adverse opposing party and
filed. Service of notice of entry of judgment is not necessary required
to begin the time for
filing a post-judgment motion or an appeal if the record clearly evidences actual knowledge
of entry of judgment through the affirmative action of the moving or appealing party.
Rule 58 was amended, effective January 1, 1988; December 19, 1990; March 1, 2000; __________________.
Subdivision (a) is derived from Section 28-2001, NDRC 1943.
Subdivision (a) was
amended, effective January 1, 1988, to change the document where the judgment must be
entered from the judgment book to the register of civil actions.
Subdivision (b) was adopted, effective March 1, 2000. Subdivision (b) was formerly subdivision (d) of Rule 77.
Although subdivision (b) only refers to a judgment, Rule 54(a) defines a judgment as including "any order from which an appeal lies."
Subdivision (b) incorporates the case law exception holding service of notice of entry of
judgment is not
necessary required to start the time running for filing a
motion or an appeal if the record clearly evidences actual knowledge of entry of judgment
by the affirmative action of the moving or appealing party. See Gierke v.
Gierke, 1998 ND
100, ¶¶ 6-12, 578 N.W.2d 522, 525-26; Thorson v. Thorson, 541 N.W.2d
694-95 (N.D. 1996).
Subdivision (b) was amended, effective _______________, to increase the time to serve and file the notice of entry of judgment from 10 to 14 days after entry of judgment.
Rule 58 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, page 15; January
28-29, 2010, page 10; September 24-25, 1998, page 16; September 18-19, 1986, pages
3-4;September 26-27, 1985, pages 3, 9; November 29-30, 1979, pages 17-18
28-2001 (superseded) NDRC 1943.
Superseded: Section 28-2001, NDRC 1943.
Rules N.D.R.Civ.P. 54 (Judgment
Costs) , N.D.R.Civ.P.; Rule N.D.R.Ct.
7.1 (Judgments, Orders and Decrees) , N.D.R.Ct.