United States District Court, Central District of California

Local Rules

Rule Name:Chapter:Last Revised:
F.R.Civ.P. 58. Entry of Judgment (Effective 1/1/10)Chapter I: Local Civil Rules, Integrated with Titles of Federal Rules of Civil Procedure01/2010

F.R.Civ.P. 58. Entry of Judgment

L.R. 58-1 Entry of Judgments and Orders . The entry of judgments and orders by the Clerk through notation in the appropriate civil docket pursuant to F.R.Civ.P. 58 and 79 shall be made at the earliest practicable time.

L.R. 58-2 Entry of Judgments - Costs.1 Entry of judgment shall not be delayed pending taxation of costs to be included therein pursuant to L.R. 54.

L.R. 58-3 Entry of Judgments and Orders - Clerk’s Orders and Judgments . Orders and judgments signed by the Clerk pursuant to F.R.Civ.P. 55(a) and 77(c) and L.R. 58-1 shall be noted in the civil docket. That notation shall constitute entry of the judgment or order as provided by F.R.Civ.P. 58 and 79 (a).

L.R. 58-4 Entry of Judgments and Orders - Settlement of Orders or Judgments . Entry of judgments or orders shall not be made by the Clerk until the Court has settled the form of judgment or order as provided in L.R. 52-8.

L.R. 58-5 Judgment by Clerk.2 Judgments may be entered by the Clerk without further direction from the judge in the following instances:

(a) Judgments on the verdict of a jury as provided in F.R.Civ.P. 58 unless the judge directs otherwise;

(b) Judgments by default as set forth in F.R.Civ.P. 55(b)(1), provided that no judgment shall be entered without a declaration that any natural person against whom it is sought is not an infant, incompetent person, or exempted under the Soldiers’ and Sailors’ Civil Relief Act of 1940; and

(c) Judgments on offers of judgment as set forth in F.R.Civ.P. 68.

The Clerk may require the party obtaining a judgment or order to prepare and present same.

L.R. 58-6 Entry of Judgment - Memorandum of Decision, Opinion, Minute Order . Notation in the civil docket of entry of a memorandum of decision, an opinion of the Court, or a minute order of the Clerk shall not constitute entry of judgment pursuant to F.R.Civ.P. 58 and 79(a) unless specifically ordered by the judge.

L.R. 58-7 Entry of Judgment - Settlement of Interest . If interest is accruing or will accrue on any judgment, decree or order, the party preparing the proposed form of judgment, decree or order shall indicate by memorandum attached thereto the applicable interest rate as computed under 28 U.S.C. § 1961(a) or 26 U.S.C. § 6621 and the amount of interest to be added for each day the document remains unsigned.

L.R. 58-8 Entry of Judgment - Award - Tax Cases . In tax cases involving overpayments or deficiencies, and in such other cases as it deems appropriate, the Court may withhold entry of judgment to permit the parties to submit, either separately or jointly by stipulation, the computation of the amount of money to be awarded in accordance with the Court’s determination of the issues.

L.R. 58-9 Judgment, Order, Decree - United States a Party - Duty of Clerk . When a judgment, order or decree is entered by the Court directing any officer of the United States to perform any act, unless such officer is present in Court when the order is made, the Clerk shall forthwith transmit a copy of the judgment, order or decree to the officer ordered to perform the act.

L.R. 58-10 Signature Line for Signature of Judge . At least two lines of the text of any order or judgment shall appear on the page that has the line provided for the signature of the judge. Next to the signature line shall be the word “Dated:” with a blank left for the judge to write in the date. At least two lines above the signature line shall be left blank for the judge’s signature.

L.R. 58-11 Default Judgment - Separate Document . A proposed default judgment shall be submitted as a separate document in compliance with F.R.Civ.P. 58.

1(58-2 amended, effective 1/1/10)
2(58-5(b) amended, effective 6/2/08)