US CODE: Title 28a,Rule 58. Entry of Judgment

Rule 58. Entry of Judgment

(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) [Not used.]

(B) to amend or make additional findings of fact under RCFC 52(b);

(D) for a new trial, or to alter or amend the judgment, under RCFC 59; or

(E) for relief under RCFC 60.

(2) Subject to RCFC 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) [Not used.]

(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) [Not used.]

(ii) the court grants other relief not described in RCFC 58(a)(2).

(b) Time of Entry. Judgment is entered for purposes of these rules:

(1) if RCFC 58(a)(1) does not require a separate document, when it is entered in the civil docket under RCFC 79(a), and

(2) if RCFC 58(a)(1) requires a separate document, when it is entered in the civil docket under RCFC 79(a) and when the earlier of these events occurs:

(A) when it is set forth on a separate document, or

(B) when 60 days have run from entry on the civil docket under RCFC 79(a).

(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 RCFC 58(c)(2).

(2) When a timely motion for attorney fees is made under RCFC 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 RCFC 59.

(d) Request for Entry. A party may request that judgment be set forth on a separate document as required by RCFC 58(a)(1).

Notes
No Update(s)
Parallel authorities (CFR)

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