Group VII: Judgment · Last amended June 1, 2013 · Last verified July 15, 2026
In one sentenceRule 58 requires the prevailing party to submit a judgment form to the clerk for signing and entry in the register of civil actions, sets a 14-day deadline to serve and file notice of entry, and ties the start of post-judgment motion and appeal deadlines to actual knowledge of entry when formal notice isn't served.
(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.
(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.
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.
Plain-English Summary
Rule 58(a) puts the work of finishing a case on the prevailing party: once the order for judgment is filed, that party must submit an appropriate form of judgment to the clerk, who signs it, files it, and enters it in the register of civil actions — the moment that happens, the judgment becomes effective. If the prevailing party doesn't submit a judgment form within 30 days after the order for judgment is filed, any party can submit one instead, without giving up any right to challenge it later. When a judgment orders payment of a sum certain, or a sum a calculation can make certain, the clerk must also docket it in the judgment docket as the law requires.
Rule 58(b) covers what comes next: a notice of entry of judgment must identify the docket number and the date the judgment was signed. In any action where an appearance was made, the prevailing party must serve that notice — along with a copy of the judgment itself — on the opposing party within 14 days after entry, and must file the notice with the court.
Rule 58(b)(4) adds a safety valve for cases where formal notice never gets served: the deadline for a post-judgment motion or an appeal can still start running if the record clearly shows the moving or appealing party already had actual knowledge of the judgment's entry through that party's own affirmative action. Because Rule 54(a) defines “judgment” broadly enough to include any order from which an appeal lies, this notice-of-entry requirement reaches beyond final judgments in the traditional sense to those appealable orders as well.
Frequently Asked Questions
Who is responsible for preparing and submitting the judgment form to the clerk?
Rule 58(a)(1) puts that responsibility on the prevailing party once the order for judgment is filed. The clerk then signs, files, and enters the judgment in the register of civil actions, at which point it becomes effective.
What happens if the prevailing party never submits a judgment form to the clerk?
Rule 58(a)(2) allows any party to submit an appropriate form of judgment if the prevailing party hasn't done so within 30 days after the order for judgment was filed, without losing any right that party may have to challenge the judgment.
What has to be in a notice of entry of judgment, and when is it due?
Rule 58(b)(1) requires the notice to identify the docket number and the date the judgment was signed. Rule 58(b)(2) requires the prevailing party to serve it, along with a copy of the judgment, on the opposing party within 14 days after entry, in any action where an appearance was made.
Does missing the deadline to serve notice of entry always delay when my time to appeal starts running?
Not necessarily. Rule 58(b)(4) allows the clock on a post-judgment motion or appeal to start even without service of notice, if the record clearly shows the moving or appealing party already had actual knowledge of the entry through that party's own affirmative action.
Does Rule 58's notice-of-entry requirement apply only to final judgments?
No. Rule 54(a) defines “judgment” to include any order from which an appeal lies, so Rule 58(b)'s notice requirement reaches those appealable orders as well, not just judgments that end the entire case.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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