RULE 36. ENTRY OF JUDGMENT

Effective Date: 10/1/2014

(a) Entry. A judgment is entered when it is noted on the docket. The clerk of the supreme court must prepare, sign and enter the judgment:

(1) after receiving the court's opinion; or
(2) if a judgment is rendered without an opinion, as the court instructs.

(b) Notice. The clerk of the supreme court must send all parties a copy of the opinion, or of the judgment if no opinion was written, and notice of the date the judgment was entered. The opinion or judgment may be sent by mail, by third-party commercial carrier, or by electronic means.

Rule 36 was amended, effective March 1, 1999; March 1, 2003; March 1, 2007; October 1, 2014.

This rule is 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 clerk of the supreme court 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.

Subdivision (b) was amended, effective March 1, 2007, to allow the clerk of the supreme court to send the opinion or judgment by electronic means.

Rule 36 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court."

SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, pages 18-19; January 27-30, 1998, page 21. Fed.R.App.P. 36.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 28-27-30 and 29-28-32.

Effective Date Obsolete Date
10/01/2014 View
03/01/2007 10/01/2014 View
03/01/2003 03/01/2007 View
03/01/1999 03/01/2003 View
01/27/1998 03/01/1999 View