NRCP

NRCP 58 – ENTRY OF JUDGMENT

RULE 58. ENTRY OF JUDGMENT

  • (a) Judgment.  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 court shall sign the judgment and the judgment shall be filed by the clerk;

                 (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 approve the form and sign the judgment, and the judgment shall be filed by the clerk.

    The court shall designate a party to serve notice of entry of the judgment on the other parties under subdivision (e).

          [As amended; effective January 1, 2005.]

    (b) Judgment in Other Cases.  Except as provided in subdivision (b)(1) of Rule 55, all judgments shall be signed by the judge and filed with the clerk.

          [As amended; effective January 1, 2005.]

    (c) When Judgment Entered.  The filing with the clerk of a judgment, signed by the judge, or by the clerk, as the case may be, constitutes the entry of such judgment, and no judgment shall be effective for any purpose until the entry of the same, as hereinbefore provided. The entry of the judgment shall not be delayed for the taxing of costs.

    (d) Judgment Roll.  The judgment, as signed and filed, shall constitute the judgment roll.

     (e) Notice of Entry of Judgment.  Within 10 days after entry of a judgment or an order, the party designated by the court under subdivision (a) shall serve written notice of such entry, together with a copy of the judgment or order, upon each party who is not in default for failure to appear and shall file the notice of entry with the clerk of the court. Any other party, or the court in family law cases, may in addition serve a notice of such entry. Service shall be made in the manner provided in Rule 5(b) for the service of papers. Failure to serve notice of entry does not affect the validity of the judgment, but the judgment may not be executed upon until such notice is served.

          [Added; effective January 1, 2005; as amended; effective September 29, 2014.]

  • Drafter’s Note

    2004 Amendment

    Rule 58 deviates substantially from its federal counterpart. Subdivision (a) is amended in part to conform to federal practice, but the amendments alter existing Nevada practice and require that judgments entered pursuant to subdivision (a) be signed by the judge and not by the clerk of the court. The revised rule also requires the court to designate a party to serve notice of entry of the judgment upon other parties.

    Subdivision (b) is also amended to reflect that the judge must sign all judgments except default judgments entered pursuant to Rule 55(b)(1).

    Subdivision (e) is new and adds a provision expressly requiring the party designated by the court under subdivision (a) to serve notice of entry of a judgment or order. The provision also allows any other party to serve notice of entry of the judgment or order. The amendment is similar to federal rule 77(d), but obligates the parties rather than the clerk to provide notice of entry. The new subdivision also provides that although failure to serve notice of entry does not affect the validity of the judgment, the judgment may not be executed upon until such notice is served.