Chapter 22 - § 22.1 • ENTRY OF JUDGMENT

• Jurisdiction: Colorado

§ 22.1 • ENTRY OF JUDGMENT

Colorado

➢ Time of Entry. The court must "promptly" prepare, date, and sign a written judgment. C.R.C.P. 58(a). If a party is not present when the entry of judgment is signed, the court immediately must mail a copy of the judgment to each absent party. Padilla v. D.E. Frey & Co., 939 P.2d 475, 476 (Colo. App. 1997). The judgment is effective as of the actual date that the court signs the written judgment. C.R.C.P. 58(a). However, even unsigned orders that demonstrate an entitlement to a judgment may be effective for purposes of the survival statute if the party in whose favor the order has entered dies prior to entry of a more formal judgment. Estate of Casper v. Guar. Trust Life Ins. Co., 2016 COA 167 ¶ 31, rev'd in part on other grounds, 2018 CO 43.
➢ Judgment Involving Multiple Claims or Multiple Parties. The court may direct the entry of final judgment as to one or more, but fewer than all the claims or parties only upon an expressed determination that there is no reason for delay and upon express direction of the entry of judgment. In the absence of such determination and direction, any order or other form of decision, regardless of how it is designated, that adjudicates fewer than all claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties. C.R.C.P. 54(b). See Keith v. Kinney, 961 P.2d 516, 519 (Colo. App. 1997) (holding that where all parties' claims in a quiet title action are part of one claim for relief, resolution of those interests was not susceptible to Rule 54(b) certification).

➢ Setoff from other settlements must first be applied to verdict, and contractual limitations then applied. Where a verdict has not been reduced pursuant to settlement amounts received from other parties, the verdict must first be reduced by the other settlement amounts, and only then can contractual limits of recovery be applied. Taylor Morrison of Colo., Inc. v. Terracon Consultants, Inc., 410 P.3d 767, 772-73 (Colo. App. 2017).

➢ All Claims Need Not Be Resolved for Appeal. C.R.C.P. 54(b) provides an exception to the general rule that an entire case must be determined before any ruling within the case may be appealed. The three criteria that must be met to certify a judgment are (1) the decision certified is a ruling upon an entire claim for relief; (2) the decision disposes of an individual claim; and (3) there is no just reason for delay in entering a final

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