RULE 58. ENTRY AND NOTICE OF ENTRY OF JUDGMENT
(a) Entry of Judgment.
(1) Appropriate Judgment. On the filing of an order for judgment, the prevailing party must submit to the clerk an appropriate form of the judgment. The clerk must sign and file the judgment and enter it in the register of civil actions, at which time the judgment becomes effective.
(2) Failure to Submit Judgment. 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.
(3) Judgment for Sum Certain. If the judgment directs the payment of money for a sum certain, or a sum that can be made certain by calculation, the clerk must also docket the judgment in the judgment docket as provided by law.
(b) Notice of entry of judgment.
(1) In General. A notice of entry of judgment must identify the docket number and the date the judgment was signed.
(2) Service. Within 14 days after entry of judgment in an
action in which an appearance has
been made, notice of entry of judgment in compliance with Rule 58(b)(1)
and a copy of the
judgment or a general description of the nature and amount of relief and damages
must be served by the prevailing party on the opposing party and filed.
A copy of the
judgment must be served with the notice of entry.
(3) Filing. The prevailing party must file the notice of entry of judgment. The copy of the judgment may not be filed.
(4) Post Judgment Motion or Appeal. Service of notice of entry of judgment is not 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; March 1, 2011;______________.
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 Under paragraph
(b)(4), incorporates the case law exception holding service
of notice of entry of judgment is not required to start the time running for filing a post-judgment
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.
1998 ND 100, Paras 6-12, 578 N.W.2d 522, 525-26; Thorson v. Thorson, 541 N.W.2d 692,
694-95 (N.D. 1996).
Subdivision (b) was amended, effective March 1, 2011, to increase the time to serve and file the notice of entry of judgment from 10 to 14 days after entry of judgment.
Subdivision (b) was amended, effective _____________, to require the prevailing party to identify the docket number and the date the judgment was signed in the notice of entry of judgment; to serve a copy of the judgment with the notice of entry; and to file the notice of entry of judgment, but not a copy of the judgment.
Rule 58 was amended, effective March 1, 2011, 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 26-27, 2012, pages 3-7; January 26-27, 2012, pages 9-12; September 30, 2011, pages 22-27; 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.
Cross Reference: N.D.R.Civ.P. 54 (Judgment Costs); N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.Ct. 7.1 (Judgments, Orders and Decrees).