Rule 44.Verdict upon Negotiable Instrument
Group VIII: Judgment · Last amended October 1, 2013 · Last verified July 14, 2026
Full Text of Rule 44
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 44 addresses a narrow situation: a verdict rendered on a negotiable instrument, such as a note, or on similar evidence of indebtedness. In that circumstance, the original instrument must be filed with the clerk before judgment or execution can issue, unless the court orders otherwise.
Frequently Asked Questions
What triggers Rule 44's filing requirement?
A verdict rendered upon a negotiable instrument, or similar evidence of indebtedness, triggers the requirement.
Must the original instrument be filed before judgment can be entered?
Yes, the original must be filed with the clerk before judgment or execution is issued, unless the court otherwise orders.
Does this rule reach beyond negotiable instruments like promissory notes?
Yes, it also covers similar evidence of indebtedness, not just negotiable instruments themselves.
Can a court excuse the requirement to file the original instrument?
Yes. The rule applies "unless the court otherwise orders," giving the court discretion to excuse the filing requirement.
Who is responsible for filing the instrument with the clerk?
The rule requires that the original be filed with the clerk before judgment or execution issues; it doesn't assign the task to a specific party beyond that requirement.