RULE 58. ENTRY AND NOTICE OF ENTRY OF JUDGMENT
(a) Entry of Judgment. Upon the filing of an order for judgment, the
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
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
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; March 1, 2011.
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 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,
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.
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 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. Statutes
Affected: 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.