Fed. R. Civ. P. 58 — Entering Judgment
Plain English
Rule 58 sounds technical but it controls one of the most important clocks in litigation: when the judgment is officially “entered.” The rule generally requires every judgment to be set out in a separate document — not buried in an opinion or order — so everyone knows exactly when the deadlines for post-trial motions and appeal start to run. For routine outcomes (a general jury verdict, only costs or a sum certain, or denial of all relief), the clerk enters judgment promptly without waiting for the judge. If the court never puts the judgment on a separate document, a safety valve kicks in: judgment is deemed entered 150 days after it’s noted on the docket, so appeal rights don’t hang open forever.
Key Cases & Authority
- Fed. R. Civ. P. 58(a) — Every judgment must be set out in a separate document, except for orders disposing of the listed post-judgment motions (Rules 50(b), 52(b), 54 fees, 59, and 60).
- Fed. R. Civ. P. 58(c)(2)(B) — If a separate document is required but never prepared, judgment is treated as entered 150 days after it is entered in the civil docket under Rule 79(a).
- Fed. R. Civ. P. 58(e) — A timely Rule 54(d)(2) attorney’s-fee motion can, by court order, carry the same effect under Appellate Rule 4(a)(4) as a Rule 59 motion for purposes of appeal timing.
Florida Parallel
Federal only. Rule 58’s separate-document mechanism and 150-day entry rule are federal-procedure devices tied to the Federal Rules of Appellate Procedure; the Florida Rules of Civil Procedure do not have a one-to-one parallel rule.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Separate Document. Every judgment and amended judgment must be set out in a separate document, but a separate document 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) Entering Judgment. (1) Without the Court’s Direction. Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting 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 entered at the following times: (1) if a separate document is not required, when the judgment 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 appeal 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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Rule 58 requires most judgments to be set out in a separate document, directs the clerk to enter routine judgments promptly, and deems judgment entered 150 days after docketing if no separate document is prepared — fixing when appeal and post-trial-motion deadlines begin.