RULE 58. ENTRY AND NOTICE OF ENTRY OF JUDGMENT
(a) Entry of Judgment. Upon the filing of an order for judgment, the prevailing party shall submit to the clerk an appropriate form of the judgment. The clerk shall sign and file the judgment and make an entry of 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 a sum certain, or which by calculation can be made certain, the clerk shall also docket the judgment in the judgment docket as provided by law.
(b) Notice of Entry of Judgment. Within 10 days after entry of judgment in an action in which an appearance has been made, notice of entry of judgment, together with 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 the adverse party and filed. Service of notice of entry of judgment is not necessary 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.
This ruleSubdivision (a) is derived from Section 28-2001, NDRC 1943. The rule has not changed North Dakota practice but differs substantially from the federal rule. The ruleSubdivision (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 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. Gierke, 1998 ND 100, ¶¶ 6-12, 578 N.W.2d 522, 525-26; Thorson v. Thorson, 541 N.W.2d 692, 694-95 (N.D. 1996).
SOURCES: Joint Procedure Committee Minutes of 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; Section 28-2001 (superseded) NDRC 1943.
SUPERSEDED: Section 28-2001, NDRC 1943.
CROSS REFERENCE: Rule
s54 (Judgment Costs) and 77 (District Courts and Clerks), N.D.R.Civ.P.; Rule 7.1 (Judgments, Orders and Decrees), N.D.R.Ct.