Arizona

Civil Procedure

Civil Procedure

Rule 58 – Entering Judgment

(a) Form of Judgment; Objections to Form.

(1)Proposed Forms of Judgment. Proposed forms of judgment must be served on all parties and must comply with Rule 5.1(d) and 54(h).
(2)Objections to Form.

(A) A judgment may not be entered until 5 days after the proposed form of judgment is served, unless:

(i) the opposing party endorses on the judgment its approval of the judgment’s form; or
(ii) the court waives or shortens the 5-day notice requirement for good cause; or
(iii) the judgment is against a party in default.
(B) An opposing party not in default may file an objection to the proposed form of judgment within 5 days after it is served. If an objection is made:

(i) the party submitting the proposed form of judgment may reply within 5 days after the objection is served; and
(ii) after that time expires, the court may decide the matter with or without a hearing.
(b) Entering Judgment.

(1)Written Document. Except as provided in Rule 58(b)(2)(B) regarding habeas corpus proceedings, all judgments must be in writing and signed by a judge or a court commissioner duly authorized to do so.
(2)Time and Manner of Entry.

(A)Generally. A judgment is not effective before entry, but a court may direct the entry of a judgment nunc pro tunc in such circumstances and on such notice as justice requires, stating the reasons on the record. A judgment, including a judgment in the form of a minute entry, is entered when the clerk files it.
(B)In Habeas Corpus Proceedings. A judgment in habeas corpus proceedings need not be signed, and is final when set forth in a minute entry that is filed.
(c) Notice of Entry of Judgment.

(1)Manner of Notice.

(A)By the Clerk. Immediately upon the entry of a judgment, or the entry of a minute entry constituting a judgment, the clerk must:

(i) distribute notice, in the form required by Rule 58(c)(2), either electronically, by U.S. mail, or attorney drop box, to every party not in default for failing to appear; and
(ii) make a record of the distribution.
(B)By Any Party. In addition to the clerk’s notice under Rule 58(c)(1)(A), any party may serve notice of entry of judgment in the manner provided in Rule 5(c).
(2)Form of Notice. Notice of entry of judgment must be in the following form:

(A) a written notice of the entry of judgment;
(B) a minute entry; or
(C) a conformed copy of the file-stamped judgment.
(3)Lack of Notice. Lack of notice of the entry of judgment by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party from the failure to appeal within the allowed time, except as provided in Arizona Rule of Civil Appellate Procedure 9(f).
(d) Remittitur.

(1)Procedure. A party in whose favor a verdict or judgment has been rendered may, in open court, or in a writing filed with the court, remit any part of the verdict or judgment. A remittitur announced in open court must be set forth in a minute entry.
(2)Effect on Execution. After remitting a portion of a judgment or verdict, a party may execute on a judgment only for the balance of the judgment or verdict after deducting the amount remitted.
(3)Effect on Right of Appeal. The remittitur does not affect the rights of the opposing party to appeal from the judgment, and for purposes of appeal the amount of the original judgment must be considered the amount in controversy.

Ariz. R. Civ. P. 58

Amended effective January 1, 2017.

Comment

2017 Amendments

In addition to stylistic and organizational changes, the 2017 amendments make several substantive and clarifying changes to the former rule. Former Rule 58(d)(1) allowed a court to immediately enter a judgment denying all relief, or a judgment “other than for money or costs,” without waiting 5 days after service of the proposed form of judgment. As amended, Rule 58(a)(2) eliminates this exception, so that the 5-day waiting period now applies to all judgments, subject to certain other exceptions set forth in Rule 58(a)(2)(A)(i) through (iii).

The amendments also clarify ambiguities in the former rule regarding when a judgment in a minute entry, or a judgment in a habeas corpus proceeding, becomes final. The amended rule provides that a judgment in a minute entry-like other judgments-is entered when filed by the clerk. [Rule 58(b)(2)(A) ] Similarly, under the amended rule, a judgment in a habeas corpus proceeding “need not be signed, and is final when set forth in a minute entry that is filed.” [Rule 58(b)(2)(B) ] See In re Maricopa Cty. Juvenile Action No. JS-8441, 174 Ariz. 341, 849 P.2d 1371 (1992) (noting ambiguity of phrase “‘entered in the minutes’ of the court,” where minute entry had multiple dates on its face).