Rule 58.Entry of Judgment
Chapter VII: Judgment · Last amended January 16, 2020 · Last verified July 14, 2026
Full Text of Rule 58
Advisory Committee Notes
The “entry” of the judgment is the ministerial notation of the judgment by the clerk of the court pursuant to Rules 58 and 79(a); however, it is crucial to the effectiveness of the judgment and for measuring time periods for appeal and the filing of various motions.
The date of entry of judgment is significant because certain post-trial motions must be filed within 10 days after entry of judgment. They include: (i) a motion for j.n.o.v. pursuant to M.R.C.P. 50(b); (ii) a motion to amend findings or make additional findings of fact pursuant to M.R.C.P. 52(b); (iii) a motion for new trial pursuant to M.R.C.P. 59; and (iv) a motion to alter or amend the judgment pursuant to M.R.C.P. 59(e). The trial court may not extend the 10-day period in which to file these post-trial motions. M.R.C.P. 6 (b). The time in which certain Rule 60(b) motions must be made also begins after entry of judgment.
In addition, M.R.A.P. 4(a) provides that a notice of appeal from a final judgment in chancery court or circuit court (one that resolves all claims among all parties) shall be filed within 30 days after entry of judgment. If a party files: (i) a motion for j.n.o.v. pursuant to M.R.C.P. 50(b); (ii) a motion to amend findings or make additional findings of fact pursuant to M.R.C.P. 52(b); (iii) a motion for new trial pursuant to M.R.C.P. 59; (iv) a motion to alter or amend the judgment pursuant to M.R.C.P. 59(e); or (v) a motion for relief pursuant to M.R.C.P. 60 within 10 days after entry of judgment, the time for appeal runs from the entry
of the order disposing of the last such outstanding motion rather than the entry of judgment. See M.R.A.P. 4(d).
Amendment History
Effective July 1, 1994, a new Rule 58 was adopted. 632-635 So.2d XXXII-XXXIII (West Miss.Cases 1994).
[Adopted August 21, 1996.]
Plain-English Summary
Rule 58 sets a simple but consequential rule: every judgment goes on a separate document bearing the title "Judgment." There's a narrow safety valve — a judgment that fully resolves the claims of every party, and that has been entered under Rule 79(a), still carries the full force and finality of a judgment even if it wasn't properly titled, as long as no party is prejudiced by the mislabeling. But the rule is firm about timing: a judgment is effective only once it's entered as Rule 79(a) describes, not when the court signs it or announces its decision.
That entry date carries real weight. It starts the ten-day windows for a motion for judgment notwithstanding the verdict under Rule 50(b), a motion to amend findings under Rule 52(b), a motion for a new trial under Rule 59, and a motion to alter or amend the judgment under Rule 59(e). It also starts the clock on the deadline for filing a notice of appeal from a final judgment. And if a party files one of those ten-day post-trial motions, the appeal deadline shifts to run from the ruling on that motion instead of from the original entry of judgment — so knowing exactly when a judgment was entered, not just decided, is often the difference between a timely motion and a lost right.
The current version of Rule 58 traces to a new rule adopted effective July 1, 1994, with later amendments refining how entry works alongside Rule 79(a) without disturbing this core structure: one titled document, and effectiveness tied to entry rather than signature or announcement.
Frequently Asked Questions
Does every ruling the judge makes in my case count as an appealable judgment?
Not unless it's set out on a separate document titled "Judgment," or it fully resolves the claims of every party and has been entered under Rule 79(a), in which case it can still carry the force of a judgment despite a labeling defect, so long as no party is prejudiced.
Why does the exact date of "entry" of judgment matter so much?
Because it starts the ten-day deadlines for several post-trial motions — for judgment notwithstanding the verdict, to amend findings, for a new trial, and to alter or amend the judgment — and it starts the deadline for filing a notice of appeal.
If the judge signs a judgment but the clerk hasn't entered it yet, is it effective?
No. Rule 58 makes a judgment effective only once it is entered as provided in Rule 79(a). Until entry happens, the post-trial motion and appeal deadlines haven't started running.
Does filing a motion for a new trial change my deadline to file a notice of appeal?
Yes. Filing certain post-trial motions within the required time after entry of judgment shifts the appeal deadline to run from the ruling on that motion rather than from the original entry of judgment.
What happens if a document that resolves my whole case isn't titled "Judgment"?
Rule 58 allows it to still carry the force and finality of a judgment, provided it fully adjudicates the claims of all parties, was entered under Rule 79(a), and no party is prejudiced by the mislabeling.