GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	3 

HOUSE BILL 977
Committee Substitute Favorable 5/7/93
Senate Committee Substitute Adopted 6/14/94

Short Title:  Entry of Judgment Rule.	(Public)
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Sponsors:
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Referred to:  
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE ENTRY OF JUDGMENT RULE, RULE 58 OF THE RULES OF CIVIL PROCEDURE, AS REQUESTED BY THE NORTH CAROLINA BAR ASSOCIATION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1A-1, Rule 58, reads as rewritten:
"Rule 58.  Entry of judgment.
Subject to the provisions of 
Rule 54(b), a judgment is entered when it is reduced to writing, signed by the judge, 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 days after the judgment is entered.  Service and proof of service shall be in accordance with Rule 5.  If service is by mail, three days shall be added to the time periods prescribed by Rule 50(b), Rule 52(b), and Rule 59.  All time periods within which a party may further act pursuant to Rule 50(b), Rule 52(b), or Rule 59 shall be tolled for the duration of any period of noncompliance with this service requirement.  Consent for the signing and entry of a judgment out of term, session, county, or district shall be deemed to have been given unless an express objection to such action was made on the record prior to the end of the term or session at which the matter was heard."
Sec. 2.  This act becomes effective October 1, 1994, and applies to all judgments subject to entry on or after that date.