In one sentenceRule 58 says exactly when a judgment becomes official, requires prompt service of a copy on every party, and tolls certain post-judgment deadlines if that service doesn't happen on time.
Full Text of Rule 58
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Subject to the provisions of Rule 54(b), a judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court pursuant to Rule 5. The party designated by the judge or, if the judge does not otherwise designate, the party who prepares the judgment, shall serve a copy of the judgment upon all other parties within three days after the judgment is entered. Service and proof of service shall be in accordance with Rule 5. If service is by mail, three days shall be added to the time periods prescribed by Rule 50(b), Rule 52(b), and Rule 59. All time periods within which a party may further act pursuant to Rule 50(b), Rule 52(b), or Rule 59 shall be tolled for the duration of any period of noncompliance with this service requirement, provided however that no time period under Rule 50(b), Rule 52(b), or Rule 59 shall be tolled longer than 90 days from the date the judgment is entered. Subject to the provisions of Rule 7(b)(4), consent for the signing and entry of a judgment out of term, session, county, and district shall be deemed to have been given unless an express objection to such action was made on the record prior to the end of the term or session at which the matter was heard. Notwithstanding any other law to the contrary, any judgment entered by a magistrate in a small claims action pursuant to Article 19 of Chapter 7A shall be entered in accordance with this Rule except judgments announced and signed in open court at the conclusion of a trial are considered to be served on the parties, and copies of any judgment not announced and signed in open court at the conclusion of a trial shall be served by the magistrate on all parties in accordance with this Rule, within three days after the judgment is entered. If service is by mail, three days shall be added to the time periods prescribed by G.S. 7A-228. All time periods within which a party may further act pursuant to G.S. 7A-228 shall be tolled for the duration of any period of noncompliance of this service requirement, provided that no time period shall be tolled longer than 90 days from the date judgment is entered.
Amendment History
(1967, c. 954, s. 1; 1993 (Reg. Sess., 1994), c. 594, s. 1; 2005-163, s. 2; 2017-158, s. 2.)
Plain-English Summary
Rule 58 provides that, subject to Rule 54(b)'s certification requirement for partial judgments, a judgment is entered when it's reduced to writing, signed by the judge, and filed with the clerk under Rule 5. The party the judge designates -- or, absent a designation, the party who prepares the judgment -- must serve a copy on every other party within three days of entry, following Rule 5's service and proof-of-service procedure, with three more days added if service is by mail. The deadlines under Rule 50(b), Rule 52(b), and Rule 59 get those same mail days added, and are further tolled for the length of any period the service requirement goes unmet -- though never tolled more than 90 days from entry. Consent to signing and entering a judgment outside the normal term, session, county, or district is presumed unless a party makes an express, on-the-record objection before the term or session ends, subject to Rule 7(b)(4). A small-claims judgment entered by a magistrate follows this same rule, except a judgment announced and signed in open court at the end of trial counts as served on the parties immediately; a judgment not announced and signed in open court must still be served by the magistrate within three days, with the same mail-day addition and 90-day-capped tolling applied to the deadlines under G.S. 7A-228 instead.
Frequently Asked Questions
When does a judgment officially count as entered?
When it's reduced to writing, signed by the judge, and filed with the clerk of court.
How quickly must a judgment be served on the other parties?
Within three days after entry, with three more days added if service is by mail.
What happens to post-judgment deadlines if a judgment isn't served on time?
The Rule 50(b), 52(b), and 59 deadlines are tolled for the period of noncompliance, though never tolled more than 90 days from the date the judgment was entered.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 58). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:when is a judgment enteredservice of judgment within three daystolling post-judgment deadlinesentry of judgment by a magistrateconsent to judgment out of termsmall claims judgment entry