Rule 58.Entering Judgment

Enacted effective October 1, 2011 · Last amended January 1, 2022 · Last verified June 26, 2026

In one sentenceRule 58 requires every judgment to be set out in a separate document, fixes when the clerk enters judgment versus when the court must approve its form, defines when a judgment is 'entered,' and provides that a judgment is not final for appeal until costs and fees are determined.

Full Text of Rule 58

Text sizeJump to: (a) (b) (c) (d) (e)

(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 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

(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).

(1) if a separate document is not required, when the judgment is entered in the civil docket; or

(2) if a separate document is required, when the judgment is entered in the civil docket 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. A party may request that judgment be set out in a separate document as required by Rule 58(a).

(e) Cost or Fee Awards, and Sanctions. A judgment, even though entered, is not considered final for purposes of appeal under Rule 4(1)(a), M. R. App. P., until any necessary determination of the amount of costs and attorney fees awarded, or sanctions imposed, is made. The district court is not deprived of jurisdiction to enter its order on a timely motion for attorney fees, costs, or sanctions by the premature filing of a notice of appeal.

End

Plain-English Summary

Rule 58 is the mechanical rule for getting a judgment onto the record — and it matters because entry starts appeal and post-judgment clocks. Every judgment must be set out in a separate document (with exceptions for orders disposing of post-trial motions). The clerk enters judgment without waiting for direction when a jury returns a general verdict, the court awards only costs or a sum certain, or the court denies all relief; in other cases the court must approve the form first.

A judgment is “entered” when it appears in the civil docket (and, where a separate document is required, when that document is set out or 150 days have passed, whichever is earlier). A Montana-specific feature on appellate timing: a judgment, even once entered, is not final for appeal until any necessary determination of costs, attorney fees, or sanctions is made — and a premature notice of appeal does not strip the district court of authority to rule on a timely fees or costs motion.

Frequently Asked Questions

When is a judgment officially 'entered'?

When it is entered in the civil docket — and, if a separate document is required, when that document is set out or 150 days have run from the docket entry, whichever is earlier.

Is a judgment final for appeal before attorney fees are decided?

In Montana, generally no. A judgment is not considered final for purposes of appeal until any necessary determination of costs, attorney fees, or sanctions has been made.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: entering judgmententry of judgmentseparate document