Rule 58.Entry of Judgment.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 58
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) sorts decisions into three tracks, all subject to Rule 54(b). If the court decides a party recovers only a sum certain or costs, or that all relief is denied, the clerk signs and enters the judgment forthwith without waiting for any direction — unless the court orders otherwise. If the court grants other relief, the court promptly approves the form of the judgment and signs it, and the clerk then enters it.
The third track shapes every Rhode Island divorce. On a decision granting a divorce from the bond of marriage, the court approves and signs a decision pending entry of final judgment and the clerk enters that. Final judgment comes later: unless a statute provides otherwise, not sooner than three months from the date of decision, and then upon request of the prevailing party. The date arrives on its own; the judgment does not. Someone has to ask for it.
Four sentences at the end of subdivision (a) apply no matter which track a case follows. Every judgment is set forth on a separate document. A judgment is effective and deemed entered when it is set forth that way and signed by a judicial officer. Entry is never delayed to tax costs, and attorneys and self-represented litigants submit forms of judgment when the court directs.
The rest covers agreements and support orders. Under subdivision (b), the clerk may enter judgment for a sum certain or denying relief on the parties' written agreement or submission, but not in a proceeding seeking child support and not when a party is an infant or incompetent person. Under subdivision (c), the clerk enters any judgment the Supreme Court directs. Subdivision (d) requires every order commencing, modifying or suspending child support, and every cash medical support order or order to obtain or maintain a child's medical insurance, to carry a certification from the presenting attorney or self-represented litigant that the order registration requirement the rule names has been met.
Frequently Asked Questions
How long after the divorce decision does final judgment enter in Rhode Island?
Rule 58(a)(3)(B) sets the floor at three months from the date of decision, unless a statute provides otherwise. Before that, what exists is a decision pending entry of final judgment, signed by the court and entered by the clerk.
Does the final divorce judgment enter automatically at three months?
No. The rule conditions it on a request of the prevailing party; the court then promptly approves the form of the final judgment and signs it, and the clerk enters it.
When does a judgment take effect?
When it is set forth on a separate document and signed by a judicial officer. At that point it is effective and deemed entered.
Can we agree to a judgment without going before a judge?
Subdivision (b) lets the clerk enter judgment for a sum certain or denying relief on the parties' or their attorneys' written agreement or submission. That route is closed in a proceeding seeking child support and closed when any party is an infant or incompetent person.
What has to appear on a child support order?
Subdivision (d) requires a certification from the attorney presenting the order, or from the self-represented litigant, that the order registration requirement the rule names has been satisfied. It covers orders that start, modify or suspend child support, cash medical support orders, and orders to obtain or maintain medical insurance for a child.