![]() Under the present rule a distinction has sometimes been made between judgments on general jury verdicts, on the one hand, and, on the other, judgments upon decisions of the court that a party shall recover only money or costs or that all relief shall be denied. Notes of Advisory Committee on Rules-1963 Amendment Rules of this sort also provide for delay in entry of the judgment contrary to Rule 58. Inasmuch as it has been held that failure of the clerk thus enter judgment is a “misprision” “not to be excused” (The Washington (C.C.A.2d, 1926) 16 F.(2d) 206), such a district court rule may have serious consequences for a district court clerk. And this applies even though state law is to the contrary. 1, 1945, for conflict with this rule-and the like rule of the Eastern District of New York, are expressly in conflict with this provision, although the federal law is of long standing and well settled. Certain district court rules, for example, Civil Rule 22 of the Southern District of New York-until its annulment Oct. The addition of the last sentence in the rule emphasizes that judgments are to be entered promptly by the clerk without waiting for the taxing of costs. The phrase “all relief be denied” covers cases such as the denial of a bankrupt's discharge and similar situations where the relief sought is refused but there is literally no denial of a “recovery”. The substitution of the more inclusive phrase “all relief be denied” for the words “there be no recovery”, makes it clear that the clerk shall enter the judgment forthwith in the situations specified without awaiting the filing of a formal judgment approved by the court. Two changes have been made in Rule 58 in order to clarify the practice. The reference to Rule 54(b) is made necessary by the amendment of that rule. Notes of Advisory Committee on Rules-1946 Amendment (Remington, 1932) §431, in jury cases the judgment is entered two days after the return of verdict to give time for making motion for new trial §435 ( ibid.), provides that all judgments shall be entered by the clerk, subject to the court's direction. ![]() Practice Book (1934) §200, provides that all judgments shall be entered within one week after rendition. (1935) §9403, which provides that judgment in jury cases be entered by clerk within 24 hours after verdict unless court otherwise directs. ![]() (1935) §270.31 (judgment entered forthwith on verdict of jury unless otherwise ordered), §270.65 (where trial is by the court, entered by direction of the court), §270.63 (entered by clerk on judgment on admitted claim for money). Notes of Advisory Committee on Rules-1937 ![]() But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4 (a)(4) as a timely motion under Rule 59. Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. A party may request that judgment be set out in a separate document as required by Rule 58(a). (B) 150 days have run from the entry in the civil docket. (A) it is set out in a separate document or (2) if a separate document is required, when the judgment is entered in the civil docket under Rule 79(a) and the earlier of these events occurs: (1) if a separate document is not required, when the judgment is entered in the civil docket under Rule 79(a) or For purposes of these rules, judgment is entered at the following times: (B) the court grants other relief not described in this subdivision (b). (A) the jury returns a special verdict or a general verdict with answers to written questions or Subject to Rule 54(b), the court must promptly approve the form of the judgment, which the clerk must promptly enter, when: (B) the court awards only costs or a sum certain or Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court's direction, promptly prepare, sign, and enter the judgment when: (4) for a new trial, or to alter or amend the judgment, under Rule 59 or (2) to amend or make additional findings under Rule 52(b) Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion:
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