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Rule 58.Entry of judgment

Group VII: Judgment · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 58 tells the clerk to enter judgment on a general verdict or a decision awarding only a sum certain, costs, or a denial of relief without waiting for further court direction, but requires the court to prepare or approve the judgment form for anything more complicated, and covers how appellate judgments get recorded on remittitur.

Full Text of Rule 58

Text sizeJump to: (a) (b)

(a) Entry Upon Verdict or Decision . Subject to the provisions of Rule 54(b):
(1) upon a general verdict of a jury, or upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the clerk, unless the court otherwise orders, shall forthwith prepare, sign, and enter the judgment without awaiting any direction by the court;
(2) upon a decision by the court granting other relief, or upon a special verdict or a general verdict accompanied by answers to interrogatories, the court shall promptly prepare the form of the judgment, or direct counsel to promptly prepare the form of judgment, to which may be attached the decision, order or opinion of the court, and after review and approval by the court, the clerk shall promptly enter it.
Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and entered in the record. Entry of the judgment should not be delayed for the taxing of costs.
(b) Judgments of Appellate Court. When a judgment rendered by an appellate court is remitted to the trial court the clerk shall adjust the costs and disbursements in the appellate court to which any party may be entitled upon due notice, as provided in the case of adjustment of costs in the trial court; and he shall record such judgment and enter an abstract thereof in like manner as provided in the case of judgments rendered by the trial court. Cross references shall be made to both the judgment of the trial court appealed from and the judgment of the appellate court at the place of their entries upon the calendar and upon the abstracts of judgment.

Notes

Note: Rule 58(a) is the same as the Federal Rule. The requirement of old Circuit Court Rule 3, that judgments on jury verdicts or orders of judgment rendered during the term should be entered at the expiration of five days after the court has adjourned for the term, is abolished. The current rule that each week of court is a separate term has eliminated the necessity for this provision. Rule 58(b) is added to preserve Circuit Court Rule 40.

Note to 1986 Amendment: This amendment [to Rule 58(a)] clarifies and simplifies the procedure for entry of judgment in cases where there is not a general verdict, a recovery of a sum certain or the denial of all relief. When more complex relief is ordered, the court is responsible for preparing the form of judgment which may be accomplished by attaching the decision or order of the court to the judgment form, or in appropriate cases, the court may direct counsel to prepare the judgment form which the court then reviews and, if approved, the judgment is entered by the clerk.

Plain-English Summary

Once a case ends in a simple result, a jury's general verdict, or a court decision awarding a specific sum, costs alone, or denying all relief, the clerk can go ahead and prepare, sign, and enter the judgment without waiting for the judge to say more. That efficiency only works for plain, uncomplicated outcomes. When the relief is more complicated, or the verdict is special or comes with interrogatory answers attached, the judge (or counsel at the judge's direction) has to draft the actual judgment form, sometimes with the underlying decision or opinion attached to it, and the clerk enters it only after the court has reviewed and approved that form. All of this happens subject to Rule 54(b), so a partial judgment in a multi-claim or multi-party case still needs that rule's certification before it becomes final.

The rule also insists that a judgment be its own separate document, distinct from any opinion, memorandum, or order explaining the court's reasoning. That separation matters practically: it gives everyone a single, unambiguous document to point to for enforcement, appeal deadlines, and execution, rather than parsing a lengthy order to figure out exactly what was decided. A judgment becomes effective only once it is set forth this way and entered in the record, and its entry should not be held up just because costs have not yet been taxed.

Subsection (b) handles the aftermath of an appeal. When an appellate court's judgment comes back down to the trial court, the clerk adjusts costs and disbursements owed from the appeal, records the judgment, and enters an abstract of it the same way trial-level judgments are recorded, with cross-references tying the trial court's judgment to the appellate judgment wherever either is entered on the docket or the abstract.

Frequently Asked Questions

When can the clerk enter judgment without further direction from the court?

When the outcome is a general jury verdict, or a court decision awarding only a sum certain, costs, or a denial of all relief. In those cases the clerk prepares, signs, and enters the judgment without waiting for further instruction.

What happens when the relief awarded is more complex?

The court itself, or counsel acting under the court's direction, prepares the judgment form, which the court then reviews and approves before the clerk enters it.

Why does it matter that a judgment must be a separate document?

Because a judgment is effective only once it is set forth on its own document and entered in the record, keeping it distinct from the court's underlying opinion or order avoids confusion about exactly what was decided and when it became final.

Does waiting to tax costs delay entry of the judgment?

No. Rule 58(a) specifically says entry of the judgment should not be delayed for the taxing of costs.

What happens to costs and the judgment after an appeal concludes?

Rule 58(b) has the clerk adjust and record the appellate costs and disbursements, enter an abstract of the appellate judgment, and cross-reference it with the original trial court judgment in the case record.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
Also known as: entry of judgment South Carolinaseparate judgment document SCRCPRule 58 South Carolinajudgment on remittitur South Carolina