Unless otherwise expressly provided by another rule, entry of a judgment or an order of final disposition or any other order of the court is effective when a judgment or order containing one of the following is marked on the face by the clerk as filed for entry:
Rule 58.Entry of Judgment
Last amended July 1, 2022 · Last verified July 2, 2026
In one sentenceRule 58 makes a judgment or order effective once the clerk marks it filed for entry and it bears either every party’s signature, the judge’s signature plus a certificate that a proposed order was served on the other parties, or the judge’s signature plus the clerk’s own certificate of service.
Full Text of Rule 58
1 the signatures of the judge and all parties or counsel, or
2 the signatures of the judge and one party or counsel with a certificate of counsel that a copy of the proposed order has been served on all other parties or counsel, or
3 the signature of the judge and a certificate of the clerk that a copy has been served on all other parties or counsel. Following entry of judgment the clerk shall make appropriate docket notations and shall copy the judgment on the minutes, but failure to do so will not affect validity of the entry of judgment. When requested by counsel or pro se parties, the clerk shall forthwith mail or deliver a copy of the entered judgment to all parties or counsel. If the clerk fails to forthwith mail or deliver, a party prejudiced by that failure may seek relief under Rule 60.
Advisory Commission Comments
Advisory Commission Comments [1980].
This [1980] amendment adds the requirement that a judgment or other action of the court cannot be filed until it bears not only signature of the judge [which in 1980 was required under then-numbered Rule 58.02], but also (1) the signatures of all parties or their counsel or (2) a certificate of counsel or the clerk that copies of the judgment or action of the court have been served on all parties or counsel of record. The purpose of this amendment is to provide notice to all parties or their counsel before judgment becomes final to allow either party to file a timely appeal. [1980.]
Advisory Commission Comments [1984].
This rule [then-numbered Rule 58.03] introduces the concept of notice of entry of judgment. Occasionally, it is foreseeable that a judgment, order or decree will not be entered promptly upon submission to the judge although a party contemplates filing an appeal, motion for a new trial or similar post trial motion. When a party anticipates such a judgment, decree or order will not be promptly entered, the party may be assured of notice of entry by employing this Rule 58.03. [1984.] T.R.C.P. 5.02 requires service on counsel when a party is represented. [1984.]
Advisory Commission Comments [1993].
The amended rule changes the holding of Yearout v. Trusty, 684 S.W.2d 612 (Tenn. 1984), which required a copy of the judgment signed by only one lawyer to be mailed to opposing counsel bearing the "date of entry." That was an impossible requirement, as the judgment could not be entered - and could not have an entry date - until a copy had been mailed to opposing counsel. The rule is also abbreviated and carries a new title.
Advisory Commission Comments [1997].
The second sentence is amended to make the right to notice of the judgment entry date meaningful. A lawyer or party who requests a copy of the judgment stamped with the entry date should not be prejudiced by a clerk's failure to comply with the request.
Advisory Commission Comments [2005].
The rule is amended to allay concerns raised in Binkley v. Medling, 117 S.W.3d 252 (Tenn. 2003). Upon request the clerk is to mail "forthwith" (immediately, without delay) a copy of the judgment to all concerned. The request and mailing, or failure to mail, do not affect the time for filing a post-trial motion authorized by these rules (e.g., motion to alter or amend, or motion for a new trial) or a notice of appeal. Parties prejudiced by clerical negligence may pursue relief by a Rule 60 motion.
Advisory Commission Comments [2022].
Rule 58 is amended to make clear that, unless otherwise expressly provided by another rule, the effective date of all court orders (not just entries of judgment or orders of final disposition) is the date of the filing of the order.
Amendment History
- As amended effective July 1, 1980.
- by order entered January 31, 1984, effective August 20, 1984.
- by order entered March 10, 1993, effective July 1, 1993.
- and by order effective July 1, 1997.
- by order entered January 6, 2005, effective July 1, 2005.
- and by order filed December 14, 2021, effective July 1, 2022.
Plain-English Summary
Rule 58 answers a question that controls when the clock starts running on post-trial motions, appeals, execution, and other deadlines: when does a judgment or order take effect? Under the rule, a judgment or order of final disposition — or, since a 2022 amendment, any other court order — becomes effective once the clerk marks it, on its face, as filed for entry, and it carries one of three things: signatures from the judge and every party or counsel; the judge’s signature and one party’s or counsel’s certificate that a copy of the proposed order was served on everyone else; or the judge’s signature and the clerk’s own certificate that a copy was served on everyone else.
Rendering a decision — deciding the substance of a case, whether announced orally, in a memorandum, or otherwise — is a different act from entering the judgment that carries that decision into effect; only the second, ministerial step under Rule 58 starts the deadlines that follow. The clerk still has to make the appropriate docket notations and copy the judgment onto the court’s minutes, but failing to do so does not undo an otherwise valid entry. Once entry happens, a party or counsel who asks gets a copy of the entered judgment mailed or delivered promptly; if the clerk fails to do that and the delay causes real harm, the remedy is a motion under Rule 60, not automatic invalidation of the judgment.
Tennessee courts also recognize an inherent power to enter a judgment nunc pro tunc — backdated to when it was decided rather than when the paperwork caught up — where the record clearly shows the court meant the earlier date to control, the correction affects only the court’s own action rather than something a party did, and no notice-deprived third party’s rights would be unfairly disturbed by the backdating.
Frequently Asked Questions
When does a judgment officially take effect in Tennessee?
Once the clerk marks it filed for entry and it bears the signatures Rule 58 requires — either every party’s signature, the judge’s signature plus a certificate that a proposed order was served on the others, or the judge’s signature plus the clerk’s own certificate of service.
Is a judgment invalid if the clerk never copies it onto the court’s minutes?
No. Rule 58 makes clear that failing to make docket notations or copy the judgment onto the minutes does not affect the validity of an otherwise properly entered judgment.
What can I do if the clerk fails to mail me a copy of the entered judgment after I requested one?
Rule 58 lets a party prejudiced by that failure seek relief under Rule 60, rather than treating the clerk’s failure as automatically invalidating the judgment or its deadlines.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 58). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: entry of judgmentnotice of entrynunc pro tunc
Advisory Commission Comments.
This Rule is designed to make uniform across the State the procedure for the entry of judgment and to make certain the effective date of a judgment. Under this Rule, unless otherwise ordered by the court, the effective date of a judgment is the date of its filing with the clerk after being signed by the judge, even though it may not be copied or entered on the minute book until a later date.