Rule 58 ENTRY OF JUDGMENT.

• Jurisdiction: Colorado

Rule 58. Entry of Judgment.

(a) Entry. Subject to the provisions of C.R.C.P. 54 (b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P. 79 (a). The term "judgment" includes an appealable decree or order as set forth in C.R.C.P. 54 (a). The effective date of entry of judgment shall be the actual date of the signing of the written judgment. The notation in the register of actions shall show the effective date of the judgment. Entry of the judgment shall not be delayed for the taxing of costs. Whenever the court signs a judgment and a party is not present when it is signed, a copy of the signed judgment shall be immediately mailed or e-served by the court, pursuant to C.R.C.P. 5, to each absent party who has previously appeared.

(b) Satisfaction. Satisfaction in whole or in part of a money judgment may be entered in the judgment record (Rule 79 (d)) upon an execution returned satisfied in whole or in part, or upon the filing of a satisfaction with the clerk, signed by the judgment creditor's attorney of record unless a revocation of authority is previously filed, or by the signing of such satisfaction by the judgment creditor, attested by the clerk, or notary public, or by the signing of the judgment record (Rule 79 (d)) by one herein authorized to execute satisfaction. Whenever a judgment shall be so satisfied in fact otherwise than upon execution, it shall be the duty of the judgment creditor or the judgment creditor's attorney to give such satisfaction, and upon motion the court may compel it or may order the entry of such satisfaction to be made without it.

Source: (a) amended February 7, 1991, effective June 1, 1991; (a) amended March 17, 1994, effective July 1, 1994; (b) amended and adopted February 27, 1997, effective July 1, 1997; (a) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b).

Cross references: For judgment upon multiple claims or involving multiple parties, see C.R.C.P. 54(b); for judgment record, see C.R.C.P. 79(d); for attachments, see C.R.C.P. 102; for garnishment, see C.R.C.P. 103; for replevin, see C.R.C.P. 104.

RECENT ANNOTATIONS:

This rule does not require a judgment creditor to have a valid judgment lien as a prerequisite to obtaining a writ of execution and certificate of levy or to execute on the judgment. Franklin Credit Mgmt. Corp. v. Galvan, 2019 COA 107, 457 P.3d 749.

ANNOTATION

I. General Consideration.

II. Entry.

III. Satisfaction.

I. GENERAL CONSIDERATION.

Law reviews. For article, "Notes on Proposed Amendments to Colorado Rules of Civil Procedure", see 27 Dicta 165 (1950). For article, "Amendments to the Colorado Rules of Civil Procedure", see 28 Dicta 242 (1951). For article, "Judgment: Rules 54-63", see 23 Rocky Mt. L. Rev. 581 (1951).

Applied in Dill v. County Court, 37 Colo. App. 45, 541 P.2d 1272 (1975); Ayala v. Colo. Dept. of Rev., 43 Colo. App. 357, 603 P.2d 979 (1979); Hawkins v. Powers, 635 P.2d 915 (Colo. App. 1981); Marks v. District Court, 643 P.2d 741 (Colo. 1982); Henley v. Wendt, 640 P.2d 271 (Colo. App. 1982); Davis Mfg. & Supply Co. v. Coonskin Props., Inc., 646 P.2d 940 (Colo. App. 1982); Pasbrig v. Walton, 651 P.2d 459 (Colo. App. 1982); In re Chambers, 657 P.2d 458 (Colo. App. 1982); Moore & Co. v. Williams, 657 P.2d 984 (Colo. App. 1982); People in Interest of C.A.W., 660 P.2d 10 (Colo. App. 1982); Bassett v. Eagle Telecommunications, 750 P.2d 73 (Colo. App. 1987); In re Hoffner, 778 P.2d 702 (Colo. App. 1989).

II. ENTRY.

The entry of judgment is a purely ministerial act. Joslin Dry Goods Co. v. Villa Italia, Ltd., 35 Colo. App. 252, 539 P.2d 137 (1975); Joslin Dry Goods Co. v. Villa Italia, Ltd., 541 P.2d 118 (Colo. App. 1975).

Relief sought, and therefore time limitations, for judgment entered pursuant to this rule is pursuant to C.R.C.P. 59(a)(4) even though relief sought was from costs taxed by clerk pursuant to C.R.C.P. 54. Davis v. Bruton, 797 P.2d 830 (Colo. App. 1990).

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