SC · rules
SCRCP 58
Entry of Judgment
(a) Entry Upon Verdict or Decision. Subject to the provisions of Rule 54(b):
(1) upon a general verdict of a jury, or upon a decision by the court that a party shall
recover only a sum certain or costs or that all relief shall be denied, the clerk, unless
the court otherwise orders, shall forthwith prepare, sign, and enter the judgment
without awaiting any direction by the court;
(2) upon a decision by the court granting other relief, or upon a special verdict or a
general verdict accompanied by answers to interrogatories, the court shall promptly
prepare the form of the judgment, or direct counsel to promptly prepare the form of
judgment, to which may be attached the decision, order or opinion of the court, and
after review and approval by the court, the clerk shall promptly enter it.
Every judgment shall be set forth on a separate document. A judgment is effective only when so set
forth and entered in the record. Entry of the judgment should not be delayed for the taxing of costs.
(b) Judgments of Appellate Court. When a judgment rendered by an appellate court is remitted to
the trial court the clerk shall adjust the costs and disbursements in the appellate court to which any
party may be entitled upon due notice, as provided in the case of adjustment of costs in the trial court;
and he shall record such judgment and enter an abstract thereof in like manner as provided in the case
of judgments rendered by the trial court. Cross references shall be made to both the judgment of the
trial court appealed from and the judgment of the appellate court at the place of their entries upon the
calendar and upon the abstracts of judgment.
Note:
Rule 58(a) is the same as the Federal Rule. The requirement of old Circuit Court Rule 3,
that judgments on jury verdicts or orders of judgment rendered during the term
should be entered at the expiration of five days after the court has adjourned for the
term, is abolished. The current rule that each week of court is a separate term has
eliminated the necessity for this provision. Rule 58(b) is added to preserve Circuit
Court Rule 40.
Note to 1986 Amendment:
This amendment [to Rule 58(a)] clarifies and simplifies the procedure for entry of
judgment in cases where there is not a general verdict, a recovery of a sum certain or
the denial of all relief. When more complex relief is ordered, the court is responsible
for preparing the form of judgment which may be accomplished by attaching the
decision or order of the court to the judgment form, or in appropriate cases, the court
may direct counsel to prepare the judgment form which the court then reviews and, if
approved, the judgment is entered by the clerk.
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-01-print-version-2026-10-02
- Content hash
7b5d44871a6a5091dcbe9ec90febcdb43d325f0e912e8d7567175c7e616aaf89
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