Back to Main Page / Back to List of Rules

Rule 306a. Date of Judgment or Order (1981)

TEXT

Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions, and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein. If the date of signing is not recited in the judgment or order, it may be shown in the record by a certificate of the judge or otherwise; provided, however, that the absence of a showing of the date in the record shall not invalidate any judgment or order.

The date a judgment or order is signed as shown of record, shall determine the beginning of the periods prescribed by these rules for filing in the trial court the various documents in connection with an appeal including but not limited to an original or amended motion for new trial, an appeal bond, certificate of cash deposit, or notice or affidavit in lieu thereof and bills of exception, and for filing in the appellate court of the petition for writ of error if review is sought by writ of error, and the transcript and statement of facts; but this rule shall not determine what constitutes rendition of a judgment or order for any other purpose.

Amended by order of June 10, 1980, eff. Jan. 1, 1981: The rule is rewritten to eliminate the use of the term, “rendition of judgment,” and to make period begin with the date the judgment is signed. A certificate by the judge is permitted to establish the date of a signing. Reference to the notice of appeal and filing the statement of facts in the trial court has been deleted in view of amendments which omit these requirements.