§58.4 Comparison with Federal Rule

• Jurisdiction: Washington

§58.4 COMPARISON WITH FEDERAL RULE

CR 58 differs substantially from its federal counterpart, Fed. R. Civ. P. 58. The federal rule was substantially revised in 2002 and now bears little resemblance to CR 58. Fed. R. Civ. P. 58 was also amended in 2007 as part of a general restyling of the federal rules to make them more understandable. Fed. R. Civ. P. 58 reads as follows:

RULE 58. ENTERING JUDGMENT

(a)Separate Document. 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:

(1)for judgment under Rule 50(b);

(2)to amend or make additional findings under Rule 52(b);

(3)for attorney's fees under Rule 54;

(4)for a new trial, or to alter or amend the judgment, under Rule 59; or

(5)for relief under Rule 60.

(b)Entering Judgment.

(1) Without the Court's Direction. 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:

(A)the jury returns a general verdict;

(B)the court awards only costs or a sum certain; or

(C)the court denies all relief.

(2) Court's Approval Required. Subject to Rule 54(b), the court must promptly approve the form of the judgment, which the clerk must promptly enter, when:

(A)the jury returns a special verdict or a general verdict with answers to written questions; or

(B)the court grants other relief not described in this subdivision (b).

(c)Time of Entry. For purposes of these rules, judgment is entered at the following times:

(1)if a separate document is not required, when the judgment is entered in the civil docket under Rule 79(a); 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:

(A)it is set out in a separate document; or

(B)150 days have run from the entry in the civil docket.

(d)Request for Entry. Aparty may request that judgment be set out in a separate document as required by Rule 58(a).

(e)Cost or Fee Awards. Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. 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.

Unlike the Washington rule, the federal rule now provides that judgments must be set forth as a separate document. Another key difference between the two rules lies in who prepares the judgment. Under the...