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Lesson 6.
Entering Judgment

 

§6.12 Entry of Judgment

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After you render judgment, the clerk must promptly deliver or mail notice of entry of the judgment to the parties and must execute a certificate of personal delivery or mailing and place it in the file. [CCP §116.610(h).] For the mandatory form of notice of entry of judgment, which includes the terms of the judgment, see form SC-130. [See CCP §116.610(i).] If the action is based on an attorney-client fee dispute, the clerk must attach form SC-132.

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The exhibits should be returned to the parties. If the defendant or losing plaintiff on a defendant's claim seeks a trial de novo in the superior court, the exhibits may be needed.

You may stay the judgment when it is entered. [See CCP §116.610(a).] However, there is an automatic stay pending expiration of the time to appeal and, if an appeal is taken, until the appeal is determined. [CCP §116.810; see §7.09.] Therefore, there is seldom a need to stay enforcement of the judgment when it is entered.

You may also suspend enforcement of the judgment pending a hearing of a motion to vacate the judgment by a defendant who was not properly served and who did not appeal. [CCP §116.740(b); see §7.02.]

 
 
 
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