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LR 58.1 Procedure for Entry of Judgments and Orders

The court may enter a judgment or order by one of the following methods:

(a)   The court may sign the judgment or order at or after the time it grants the relief in the judgment or order.

(b)   The court will sign the judgment or order when the parties and any other person entitled to be heard on entry of the judgment or order approve its form.

(c)   Within seven days after granting the judgment or order, or later if the court allows, a person seeking entry of a judgment or order may serve a copy of the proposed judgment or order on the other parties and any other person entitled to be heard on entry of the judgment or order, with notice that it will be submitted to the court for signing if no written objections are filed within seven days after service of the notice. The person seeking entry of the judgment or order must file the original and proof of service with the court.

(1)   If no written objections are filed within seven days, the court will then sign the judgment or order if, in the court’s determination, it comports with the court’s decision. If the proposed judgment or order does not comport with the decision, the court will notify the parties and any other person entitled to be heard on entry of the judgment or order to appear before the court on a specified date for settlement of the matter; or, in the court’s discretion, the court may enter its own order consistent with the court’s decision.

(2)   A person filing the objections must serve them on all parties and other persons entitled to be heard on entry of the judgment or order.

(3)   If objections are filed, within seven days after receiving notice of the objections, the person who proposed the judgment or order must notice it for settlement before the court.

(d)   A person seeking entry of a judgment or order may prepare a proposed judgment or order and notice it for settlement before the court.

COMMENT: Pursuant to the recent amendments to Fed. R.Civ. P. 6(a)(1)(B), effective December 1, 2009, the counting of seven days under this rule includes Saturdays, Sundays, and legal holidays.

March 1, 2010


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