RULE 36. ENTRY OF JUDGMENT
Effective Date: 3/1/2003
Obsolete Date: 3/1/2007
(a) Entry. A judgment is entered when it is noted on the docket. The supreme court clerk 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. 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, or of the judgment if no opinion was written, and notice of the date the judgment was entered.
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SUPERSEDED: N.D.C.C. §§ 28-27-30 and 29-28-32.