Rule 58 — Entering Judgment

Fed. R. Civ. P. 58

• Source: Federal Rules of Civil Procedure
• Rule: 58
• TITLE VII: JUDGMENT
• Citation: Fed. R. Civ. P. 58

Text

(a) SEPARATE DOCUMENT. Every judgment and amended judg-
ment must be set out in a separate document, but a separate docu-
ment is not required for an order disposing of a motion:
(1) for judgment under Rule 50(b);
(2) to amend or make additional findings under Rule 52(b);
(3) for attorney’s fees under Rule 54;
(4) for a new trial, or to alter or amend the judgment, under
Rule 59; or
(5) for relief under Rule 60.
(b) ENTERINGJUDGMENT.

(1) Without the Court’s Direction. Subject to Rule 54(b) and un-
less the court orders otherwise, the clerk must, without await-
ing the court’s direction, promptly prepare, sign, and enter
the judgment when:
(A) the jury returns a general verdict;
(B) the court awards only costs or a sum certain; or
(C) the court denies all relief.
(2) Court’s Approval Required. Subject to Rule 54(b), the court
must promptly approve the form of the judgment, which the
clerk must promptly enter, when:
(A) the jury returns a special verdict or a general verdict
with answers to written questions; or
(B) the court grants other relief not described in this
subdivision (b).
(c) TIME OF ENTRY. For purposes of these rules, judgment is en-
tered at the following times:
(1) if a separate document is not required, when the judg-
ment is entered in the civil docket under Rule 79(a); or
(2) if a separate document is required, when the judgment is
entered in the civil docket under Rule 79(a) and the earlier of
these events occurs:
(A) it is set out in a separate document; or
(B) 150 days have run from the entry in the civil docket.
(d) REQUEST FOR ENTRY. A party may request that judgment be
set out in a separate document as required by Rule 58(a).
(e) COST OR FEE AWARDS. Ordinarily, the entry of judgment may
not be delayed, nor the time for appeal extended, in order to tax
costs or award fees. But if a timely motion for attorney’s fees is
made under Rule 54(d)(2), the court may act before a notice of ap-
peal has been filed and 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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007.)