RULE 36. ENTRY OF JUDGMENT
The notation of a judgment in the docket constitutes entry of the judgment. The clerk shall prepare, sign and enter the judgment following receipt of the opinion of the court unless the opinion directs settlement of the form of the judgment, in which event the clerk shall prepare, sign and enter the judgment following final settlement by the court. If a judgment is rendered without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the court. The clerk shall, on the date judgment is entered, mail or send by third-party commercial carrier to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.
This rule is taken, without substantial change, from Rule 36, FRAppP. It is intended to clarify what constitutes
theentry of a judgment or order.
Rule 36 was amended, effective March 1, 1999, to allow the clerk to send a copy of the opinion by commercial carrier as an alternative to the Postal Service.
SOURCES: Procedure Committee Minutes of January 27-30, 1998, page 21. Rule 36, FRAppP.
SUPERSEDED: § 28-27-30 and § 29-28-32, NDCC.