Rule 58.Entry of Judgment
Part VII. Judgment · Last amended November 1, 2004 · Last verified September 4, 2026
Full Text of Rule 58
Rule History
Amended effective July 1, 1984; amended December 15, 1986, effective January 2, 1987; amended July 18, 1988, effective August 1, 1988; amended June 8, 1989, effective July 1, 1989; amended October 6, 2004, effective November 1, 2004.
Reporter’s Notes
Reporter’s Notes (2004) The amendment to Rule 58 is necessitated by the implementation of the revised Time Standards Standing Order, Section 19.
Plain-English Summary
Rule 58 has three subsections where the civil rule has two, and the extra one is the reason this rule matters in a divorce case.
Entering judgment
Where the court decides that a party recovers only a sum certain or costs, that all relief is denied, or where there is a written agreement for judgment for a sum certain or denying relief, the court forthwith prepares, signs and enters judgment. Where other relief is granted, the court promptly approves the form of the judgment.
Three requirements follow. Every judgment shall be set forth on a separate document, and a judgment is effective only when so set forth and entered as provided in Rule 79(a). Entry is not delayed for the taxing of costs. And the last sentence sets a standard the civil rule does not: all judgments in cases governed by these rules shall enter within thirty days after completion of trial. The Reporter's Note for 2004 records that the amendment was necessitated by the revised Time Standards Standing Order.
The nisi judgment
Subsection (c) has no civil counterpart. A Massachusetts divorce judgment enters nisi and becomes absolute after ninety days. At any time before that period expires, the defendant, or any other person interested, may file in the Registry of Probate a statement of objections to the judgment becoming absolute.
The requirements are specific. The statement must set forth specifically the facts on which it is founded and be verified by affidavit. Notice of the filing goes to the other party or the attorney not later than the day of filing.
Then the sentence that limits the damage: the portion of the judgment to which an objection is filed, but only that portion, does not become absolute until the objections are disposed of. An objection to one part of a divorce judgment does not hold up the rest of it.
If the petition to stay the judgment absolute is later dismissed, the judgment becomes absolute as of ninety days from the date of the judgment nisi — the original date, not the date of dismissal. Rule 62(g) does the same thing for an appeal.
Frequently Asked Questions
When does a Massachusetts divorce judgment become absolute?
Ninety days from the entry of the judgment nisi, subject to Rule 58(c). Before that period expires the defendant or any other interested person may file a statement of objections to the judgment becoming absolute.
How do I object to a judgment nisi becoming absolute?
By filing a statement of objections in the Registry of Probate before the ninety days expire. Rule 58(c) requires it to set forth specifically the facts on which it is founded and to be verified by affidavit, and requires notice of the filing to the other party or their attorney not later than the day of filing.
Does an objection hold up the whole judgment?
No. Rule 58(c) provides that the portion of the judgment to which an objection is filed, but only that portion, shall not become absolute until the objections have been disposed of by the court.
What happens if the objection is dismissed?
The judgment becomes absolute as of ninety days from the date of the judgment nisi — the original date, not the date the objection was dismissed.
How quickly must judgment enter after trial?
Rule 58(a) provides that all judgments in cases governed by these rules shall enter within thirty days after completion of trial.
Does a judgment have to be on its own document?
Yes. Rule 58(a) requires every judgment to be set forth on a separate document, and provides that a judgment is effective only when so set forth and when entered as provided in Rule 79(a).