Rule 58.Entering judgment.
Last verified July 1, 2026
Full Text of Rule 58
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
A proposed form of judgment must be served on all parties, and generally can't be entered until five days later, unless the opposing party endorses its approval, the court shortens the waiting period for good cause, or the judgment is against a defaulted party. A party that isn't in default can object to the proposed form within that five-day window, triggering a possible reply and, ultimately, the court's decision with or without a hearing. Judgments must be written and signed by a judge or authorized commissioner, with a narrow exception for habeas corpus proceedings, where an unsigned minute entry becomes final once filed. A judgment isn't effective until the clerk files it, though the court can direct entry nunc pro tunc — backdated to an earlier point — when justice requires it and the court states its reasons.
Once judgment is entered, the clerk must promptly distribute notice to every party that isn't in default for failing to appear, and any party may also separately serve its own notice. Notice can take the form of a written notice, a minute entry, or a conformed copy of the file-stamped judgment, but the clerk's failure to give notice doesn't extend the deadline to appeal, except as the appellate rules specifically allow. Separately, a party in whose favor a verdict or judgment was entered can voluntarily remit part of it, whether announced in open court or filed in writing; doing so limits execution to the reduced amount but doesn't affect the opposing party's right to appeal, and the full original judgment amount still counts for calculating the amount in controversy on appeal.
Frequently Asked Questions
How long do I have to object to a proposed form of judgment?
Five days after it is served, unless you've endorsed your approval, the court has shortened the period for good cause, or the judgment is against a party in default.
When does a judgment take effect?
When the clerk files it. It isn't effective before entry, though the court can direct entry nunc pro tunc under appropriate circumstances.
What happens if the clerk never sends me notice that judgment was entered?
Lack of clerk's notice doesn't extend your time to appeal or authorize the court to excuse a missed deadline, except as the civil appellate rules specifically allow.
What is a remittitur and how does it affect my right to appeal?
It's a voluntary reduction of a verdict or judgment by the party who won it. It limits future execution to the reduced amount, but it doesn't affect the other party's right to appeal, and the original judgment amount still counts as the amount in controversy.