28 APPENDIX U.S.C. § 36 Entry of Judgment; Notice

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
• Citation: 28 APPENDIX U.S.C. § 36

(a) ENTRY. A judgment is entered when it is noted on the docket. The clerk must prepare, sign, and enter the judgment:

(1) after receiving the court's opinion-but if settlement of the judgment's form is required, after final settlement; or

(2) if a judgment is rendered without an opinion, as the court instructs.

(b) NOTICE. On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion-or the judgment, if no opinion was written-and a notice of the date when the judgment was entered.

Cite as 28 APPENDIX U.S.C. § 36

Source: As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.

Notes from the Office of Law Revision Counsel

current through 12/1/2022

NOTES OF ADVISORY COMMITTEE ON RULES-1967

This is the typical rule. See 1st Cir. Rule 29; 3rd Cir. Rule 32; 6th Cir. Rule 21. At present, uncertainty exists as to the date of entry of judgment when the opinion directs subsequent settlement of the precise terms of the judgment, a common practice in cases involving enforcement of agency orders. See Stern and Gressman, Supreme Court Practice, p. 203 (3d Ed., 1962). The principle of finality suggests that in such cases entry of judgment should be delayed until approval of the judgment in final form.