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Rule 58 – Entry of Judgment

May 14, 2021 | Civil Procedure, Vermont

(a)Separate Document. Every judgment and amended judgment shall be set forth on a separate document, except an order disposing of a motion listed in Rule 4(b)(1)-(7) of the Vermont Rules of Appellate Procedure that terminates the running of the time for appeal.
(b)Preparation, Entry, and Effect of Judgment. Subject to the provisions of Rule 54(b), upon the verdict of a jury, or upon a decision by the court granting or denying relief, the clerk, unless the Presiding Judge otherwise orders, shall forthwith prepare the judgment without awaiting any direction by the court. The Presiding Judge shall promptly approve and sign the judgment, and the clerk shall thereupon enter it. A judgment is effective only when entered as provided in Rule 79(a) and, if subdivision (a) of this rule requires the judgment to be set forth on a separate document, when the earlier of these events occurs:

(1) the judgment is set forth on the separate document, or
(2) 150 days have run from the entry of the judgment as provided in Rule 79(a).
(c)Cost or Fee Awards. Entry of the judgment shall not be delayed, nor the time for appeal extended, for the taxing of costs or the award of attorneys’ fees, except that, when a timely motion for attorneys’ fees is made under Rule 54(d)(2), the court, before a notice of appeal has been filed and has become effective, may order that the motion have the same effect under Rule of the Vermont Rules of Appellate Procedure as a timely motion under Rule 59.
(d)Form of Judgment. Attorneys shall submit forms of judgment upon direction of the Presiding Judge. A form of judgment submitted in accordance with this rule shall be served upon all opposing parties, who shall file any objections to the judgment proposed within 7 days of service upon them unless the Presiding Judge orders such objections to be filed earlier.

Vt. R. Civ. P. 58

Amended Jan. 11, 1972, eff. May 1, 1972; Feb. 22, 1996, eff. July 1, 1996; Mar. 6, 2002, eff. July 1, 2002; Oct. 11, 2006, eff. Dec. 11, 2006; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 58(d) is amended to extend its 5-day time period to 7 days consistent with the simultaneous “day is a day” amendments to V.RC.P. 6.