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Rule 58 Entering Judgments

Article VII: Judgment

Settlement of Judgments and Orders by the Court.

(1) Within 10 days after the announcement of the decision of the court awarding any judgment or order which requires settlement and approval as to form by the judge, the prevailing party must prepare a draft of the order or judgment embodying the court’s decision and serve a copy on each party who has appeared in the action and mail or deliver a copy to the clerk. Any party receiving the proposed draft of the judgment or order must within five days thereafter serve upon the prevailing party and mail or deliver to the clerk a statement of his approval or disapproval as to the form of the draft and, in the latter instance, a statement of his objections and the reasons therefor and a draft of the order or judgment which is proposed as a substitute for the initial draft. At the expiration of 15 days after the announcement of the decision, the clerk will submit all drafts and accompanying papers which have been received to the judge for such further proceedings as are necessary in the circumstances.

(2) No judgment need be signed by the judge. An initialed approval on the draft of judgment will be sufficient evidence of direction to enter it and authorization to the clerk to note the judgment forthwith in the civil docket.

Settlement of Findings of Fact and Conclusions of Law. Within 10 days after the announcement of the decision of the court awarding judgment in any action tried upon the facts without a jury, including actions in which a jury may have been called and acted only in an advisory capacity under Rule 39(c) of these rules, the prevailing party must, unless the court otherwise orders, prepare a draft of the findings of fact and conclusions of law required by Rule 52(a) of these rules, and serve a copy thereof upon each party who has appeared in the action and mail or deliver a copy to the clerk. Any party receiving the proposed draft of findings of fact and conclusions of law must within five days thereafter serve upon the prevailing party and mail or deliver to the clerk a statement of approval or disapproval of the form of the draft and, in the latter instance, a statement of objections and the reasons therefor and a draft of the findings and conclusions which are proposed as a substitute for the initial draft. At the expiration of 15 days after the announcement of the decision, the clerk will submit all drafts and accompanying papers which have been received to the judge for such further proceedings as are necessary in the circumstances.