State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_58

Rule 58. Entry of judgment.

Subject to the provisions ofRule 54(b), a judgment is entered when it is reduced to writing, signed by thejudge, and filed with the clerk of court. The party designated by the judge or,if the judge does not otherwise designate, the party who prepares the judgment,shall serve a copy of the judgment upon all other parties within three daysafter the judgment is entered. Service and proof of service shall be inaccordance with Rule 5. If service is by mail, three days shall be added to thetime periods prescribed by Rule 50(b), Rule 52(b), and Rule 59. All timeperiods within which a party may further act pursuant to Rule 50(b), Rule52(b), or Rule 59 shall be tolled for the duration of any period ofnoncompliance with this service requirement, provided however that no timeperiod under Rule 50(b), Rule 52(b), or Rule 59 shall be tolled longer than 90days from the date the judgment is entered. Subject to the provisions of Rule7(b)(4), consent for the signing and entry of a judgment out of term, session,county, and district shall be deemed to have been given unless an expressobjection to such action was made on the record prior to the end of the term orsession at which the matter was heard.

Notwithstanding any other lawto the contrary, any judgment entered by a magistrate in a small claims actionpursuant to Article 19 of Chapter 7A shall be entered in accordance with thisRule except judgments announced and signed in open court at the conclusion of atrial are considered to be served on the parties, and copies of any judgmentnot announced and signed in open court at the conclusion of a trial shall beserved by the magistrate on all parties in accordance with this Rule, withinthree days after the judgment is entered. If service is by mail, three daysshall be added to the time periods prescribed by G.S. 7A‑228. All timeperiods within which a party may further act pursuant to G.S. 7A‑228shall be tolled for the duration of any period of noncompliance of this servicerequirement, provided that no time period shall be tolled longer than 90 daysfrom the date judgment is entered. (1967, c. 954, s. 1; 1993 (Reg. Sess., 1994), c. 594,s. 1; 2005‑163, s. 2.)