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) [not used]; (2) to amend or make additional findings under RCFC 52(b); (3) for attorney’s fees under RCFC 54; (4) for a new trial, or to alter or amend the judgment, under RCFC 59; or (5) for relief under RCFC 60. (b) Entering Judgment. (1) Without the Court’s Direction. Subject to RCFC 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) [not used]; (B) the court awards only costs or a sum certain; or (C) the court denies all relief. (2) Court’s Approval Required. Subject to RCFC 54(b), the court must promptly approve the form of the judgment, which the clerk must promptly enter, when: (A) [not used]; 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 RCFC 79(a); or (2) if a separate document is required, when the judgment is entered in the civil docket under RCFC 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. A party may request that judgment be set out in a separate document as required by RCFC 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 RCFC 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 81 RCFC 56.2, 57 and 58 Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under RCFC 59. (As revised and reissued May 1, 2002; as amended Sept. 15, 2003, Nov. 15, 2007, Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 58 is essentially identical to the text that was proposed in August 2000 by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, with the exception of any references to trial by jury. 2008 Amendment The language of RCFC 58.1 has been amended to conform to the general restyling of the FRCP. 2012 Amendment RCFC 58.1(a) has been amended to eliminate the requirement for the filing of a paper copy of a notice of appeal in an electronic case and to reduce the number of paper copies required in a non-electronic case from four to two. In addition, RCFC 58.1(b) has been corrected to reflect that the fee for an appeal is prescribed by 28 U.S.C. §§ 1913 and 1917. 2003 Amendment 2023 Amendment The text of RCFC 58 has been amended in minor respects to conform to FRCP 58 as adopted December 1, 2002. RCFC 58.1 has been amended to eliminate the 2-copy requirement for the filing of a notice of appeal. 2007 Amendment