RULE 36. ENTRY OF JUDGMENT
The notation of a judgment in the docket constitutes entry of the judgment. (a) Entry. A judgment is entered when it is noted on the docket. The supreme court clerk shall must 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.:
(1) after receiving the court's opinion; or
If if a judgment is rendered without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the court as the court instructs.
The clerk shall, on On the date the judgment is entered, the supreme court clerk must 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 was entered.
Rule 36 was amended, effective March 1, 1999; March 1, 2003.
This rule is
taken, without substantial change, derived from Fed.R.App.P. 36. It is intended to clarify what constitutes entry of a judgment or order.
Rule 36 was amended, effective March 1, 1999, to allow the supreme court clerk to send a copy of the opinion by commercial carrier as an alternative to the Postal Service.
Rule 36 was amended, effective March 1, 2003. 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 25-26, 2002, pages 18-19; January 27-30, 1998, page 21. Fed.R.App.P. 36.
SUPERSEDED: N.D.C.C. §§ 28-27-30 and § 29-28-32.