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North Dakota Rules of Civil Procedure

Rule 58

Entry and Notice of Entry of Judgment

(a) Entry of Judgment.
(1) Appropriate Judgment. On the filing of an order for judgment, the prevailing party must submit to the clerk an appropriate form of the judgment. The clerk must sign and file the judgment and enter it in the register of civil actions, at which time the judgment becomes effective.
(2) Failure to Submit Judgment. If the prevailing party fails to submit to the clerk an appropriate form of the judgment within 30 days after the order for judgment is filed, any party may submit an appropriate form without prejudice to any rights that party may have to challenge it.
(3) Judgment for Sum Certain. If the judgment directs the payment of money for a sum certain, or a sum that can be made certain by calculation, the clerk must also docket the judgment in the judgment docket as provided by law.
(b) Notice of Entry of Judgment.
(1) In General. A notice of entry of judgment must identify the docket number and the date the judgment was signed.
(2) Service. Within 14 days after entry of judgment in an action in which an appearance has been made, notice of entry of judgment in compliance with Rule 58(b)(1) must be served by the prevailing party on the opposing party. A copy of the judgment must be served with the notice of entry.
(3) Filing. The prevailing party must file the notice of entry of judgment. A copy of the judgment may be filed as an attachment to the notice of entry.
(4) Post Judgment Motion or Appeal. Service of notice of entry of judgment is not required to begin the time for filing a post- judgment motion or an appeal if the record clearly evidences actual knowledge of entry of judgment through the affirmative action of the moving or appealing party.
Credits

[Amended effective January 1, 1988; December 19, 1990; March 1, 2000; March 1, 2011; March 1, 2013; June 1, 2013.]

Explanatory Note

Rule 58 was amended, effective January 1, 1988; December 19, 1990; March 1, 2000; March 1, 2011; March 1, 2013; June 1, 2013.

Subdivision (a) was amended, effective January 1, 1988, to change the document where the judgment must be entered from the judgment book to the register of civil actions.

Subdivision (b) was adopted, effective March 1, 2000. Subdivision (b) was formerly subdivision (d) of Rule 77. Although subdivision (b) only refers to a judgment, Rule 54(a) defines a judgment as including “any order from which an appeal lies.” Under paragraph (b)(4) service of notice of entry of judgment is not required to start the time running for filing a post-judgment motion or an appeal if the record clearly evidences actual knowledge of entry of judgment by the affirmative action of the moving or appealing party.

Subdivision (b) was amended, effective March 1, 2011, to increase the time to serve and file the notice of entry of judgment from 10 to 14 days after entry of judgment.

Subdivision (b) was amended, effective March 1, 2013, to require the prevailing party to identify the docket number and the date the judgment was signed in the notice of entry of judgment; to serve a copy of the judgment with the notice of entry; and to file the notice of entry of judgment.

Rule 58 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. 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.

Sources

Joint Procedure Committee Minutes of April 25-26, 2013, pages 3-16; April 26-27, 2012, pages 3-7; January 26-27, 2012, pages 9-12; September 30, 2011, pages 22-27; April 29-30, 2010, page 15; January 28-29, 2010, page 10; September 24-25, 1998, page 16; September 18-19, 1986, pages 3-4; September 26-27, 1985, pages 3, 9; November 29-30, 1979, pages 17-18.

Cross References

N.D.R.Civ.P. 54 (Judgment Costs); N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.Ct. 7.1 (Judgments, Orders and Decrees).