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Rule 58 – Entry of Judgment

May 14, 2021 | Civil Procedure, South Carolina

(a) Entry Upon Verdict or Decision. Subject to the provisions of Rule 54(b):

(1) upon a general verdict of a jury, or upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the clerk, unless the court otherwise orders, shall forthwith prepare, sign, and enter the judgment without awaiting any direction by the court;
(2) upon a decision by the court granting other relief, or upon a special verdict or a general verdict accompanied by answers to interrogatories, the court shall promptly prepare the form of the judgment, or direct counsel to promptly prepare the form of judgment, to which may be attached the decision, order or opinion of the court, and after review and approval by the court, the clerk shall promptly enter it.

Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and entered in the record. Entry of the judgment should not be delayed for the taxing of costs.

(b) Judgments of Appellate Court. When a judgment rendered by an appellate court is remitted to the trial court the clerk shall adjust the costs and disbursements in the appellate court to which any party may be entitled upon due notice, as provided in the case of adjustment of costs in the trial court; and he shall record such judgment and enter an abstract thereof in like manner as provided in the case of judgments rendered by the trial court. Cross references shall be made to both the judgment of the trial court appealed from and the judgment of the appellate court at the place of their entries upon the calendar and upon the abstracts of judgment.

S.c. R. Civ. P. 58

Rule 58(a) is the same as the Federal Rule. The requirement of old Circuit Court Rule 3, that judgments on jury verdicts or orders of judgment rendered during the term should be entered at the expiration of five days after the court has adjourned for the term, is abolished. The current rule that each week of court is a separate term has eliminated the necessity for this provision. Rule 58(b) is added to preserve Circuit Court Rule 40. Note to 1986 Amendment: This amendment [to Rule 58(a) ] clarifies and simplifies the procedure for entry of judgment in cases where there is not a general verdict, a recovery of a sum certain or the denial of all relief. When more complex relief is ordered, the court is responsible for preparing the form of judgment which may be accomplished by attaching the decision or order of the court to the judgment form, or in appropriate cases, the court may direct counsel to prepare the judgment form which the court then reviews and, if approved, the judgment is entered by the clerk.