skip navigation


TITLE 28 App. > FEDERAL > VII. > Rule 58
Prev | Next

Rule 58. Entry of Judgment

How Current is This?
(a) Separate Document.
(1) Every judgment and amended judgment must be set forth on a separate document, but a separate document is not required for an order disposing of a motion:
(A) for judgment under Rule 50 (b);
(B) to amend or make additional findings of fact under Rule 52 (b);
(C) for attorney fees under Rule 54;
(D) for a new trial, or to alter or amend the judgment, under Rule 59; or
(E) for relief under Rule 60.
(2) Subject to Rule 54 (b):
(A) unless the court orders otherwise, the clerk must, without awaiting the court’s direction, promptly prepare, sign, and enter the judgment when:
(i) the jury returns a general verdict,
(ii) the court awards only costs or a sum certain, or
(iii) the court denies all relief;
(B) the court must promptly approve the form of the judgment, which the clerk must promptly enter, when:
(i) the jury returns a special verdict or a general verdict accompanied by interrogatories, or
(ii) the court grants other relief not described in Rule 58 (a)(2).
(b) Time of Entry. Judgment is entered for purposes of these rules:
(1) if Rule 58 (a)(1) does not require a separate document, when it is entered in the civil docket under Rule 79 (a), and
(2) if Rule 58 (a)(1) requires a separate document, when it is entered in the civil docket under Rule 79 (a) and when the earlier of these events occurs:
(A) when it is set forth on a separate document, or
(B) when 150 days have run from entry in the civil docket under Rule 79 (a).
(c) Cost or Fee Awards.
(1) Entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees, except as provided in Rule 58 (c)(2).
(2) When a timely motion for attorney fees is made under Rule 54 (d)(2), the court may act before a notice of appeal has been filed and has become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.
(d) Request for Entry. A party may request that judgment be set forth on a separate document as required by Rule 58 (a)(1).
Search this title:


Notes
No Pending Update(s)
Parallel authorities (CFR)
PDF (4 pages)

Title 28a RSS RSS feed
Prev | Next

LII has no control over and does not endorse any external Internet site that contains links to or references LII.
Study law abroad: Cornell Paris Institute