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Rule 58.1. Judgments and Orders- Effective Dates and Commencement of Time for Appeal, Review and Reconsideration.
(a) Effective Dates of Orders and Judgments. Orders and judgments become effective the date they are entered.
(1) Oral Orders. The date of entry of an oral order is the date the order is put on the official electronic record by the judge unless otherwise specified by the judge. At the time the judge announces an oral order, the judge shall also announce on the record whether the order shall be reduced to writing. If the oral order is reduced to writing, the effective date shall be included in the written order.
(2) Written Orders Not Preceded by Oral Orders. The date of entry of a written order not preceded by an oral order is the date the written order is signed unless otherwise specified in the order.
(3) Judgments. The date of entry of a civil judgment is the date it is signed unless otherwise specified in the judgment. All judgments shall be reduced to writing.
(b) Commencement of Time for Appeal, Review and Reconsideration. The time within which a notice of appeal may be filed and reconsideration or review of orders and judgments may be requested begins running on the date of notice as defined below.
(c) Date of Notice.
(1) Oral Orders.
(i) As to the parties present when an oral order is announced, the date of notice is the date the judge announces the order on the official electronic record, unless at that time the judge announces that the order will be reduced to writing in which case the date of notice is the date shown in the clerk's certificate of distribution on the written order.
(ii) As to parties not present at the announcement of an oral order, the date of notice is the date shown in the clerk's certificate of distribution of notice of the order. If, however, at the time the judge announces the oral order the judge announces that the order will be reduced to writing, the date of notice is the date shown in the clerk's certificate of distribution on the written order.
(2) Written Orders. The date of notice of a written order is the date shown in the clerk's certificate of distribution on the written order.
(3) Judgments. All judgments must be reduced to writing. The date of notice of a judgment is the date shown in the clerk's certificate of distribution on the written judgment.
(4) Other Service Requirements. The notice provisions apply to the notice of orders and judgments under Rule 73(d) and do not affect the service requirements of any other rule of civil procedure.
(d) Clerk's Certificate of Distribution. Every written notice of an oral order and every written order and judgment shall include a clerk's certificate of distribution showing the date copies of the notice, order or judgment were distributed, to whom they were distributed, and the name or initials of the court employee who distributed them.
(Added by SCO 554 effective April 4, 1983; amended by SCO 900 effective January 15, 1989; and by SCO 1153 effective July 15, 1994)
Cross References
CROSS REFERENCE: App. R. 204
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999