Rules of Appellate Procedure

(Applicable to Civil Cases)

Rules of Appellate Procedure Appellate Procedure Rule 28: Entry of judgment following rescript

Effective Date: 07/01/1979
Updates: Amended May 15, 1979, effective July 1, 1979

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Rule 28

When the rescript from the appellate court sets forth the text of the judgment to be entered, the clerk of the lower court shall, upon receipt of the rescript, prepare, sign and enter the judgment which has been ordered. If the rescript orders settlement of the form of the judgment in the lower court, the clerk of the lower court shall sign and enter the judgment after settlement. Notation of a judgment in the lower court docket constitutes entry of the judgment.

Reporter's notes

(1979) Rule 28 is limited in applicability to civil cases. The existing practice in criminal cases, to be continued under the Rules, is to enter the rescript on the docket rather than to prepare a separate “judgment” as is done in civil cases.

(1973) Appellate Rule 28 prescribes the duties of the lower court clerk upon receipt of the appellate court rescript. It should always be remembered that it is the judgment of the lower court, not the rescript (however much the terms of the rescript may shape the final judgment), which regulates the nature and quantum of any relief obtained. Until that judgment has been made to conform to the rescript, the litigation is not terminated. The rescript may dictate the text of the judgment or it may enjoin the parties to “settle,” i.e., jointly work out a draft of a judgment to be approved by the appellate court before transmission to the lower court clerk for entry.

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Updates: Amended May 15, 1979, effective July 1, 1979

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