RULE 36 JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF JUDGMENT Is the final consideration and determination of a court of competent

t jurisdiction upon the matters submitted to it in an action or proceeding. PARTS OF A JUDGMENT 1. The opinion of the court contains the findings of facts and conclusions of law. 2. Disposition of the case (dispositive portion); & 3. Signature of the judge DATE OF FINALITY OF JUDGMENT/ORDER Date of the finality of the judgment or final order shall be deemed to be the date of its entry. The judgment or final order shall be entered by the clerk in the book of entries of judgments, if no appeal or motion for new trial or reconsideration is filed within 15 days. Sec.1. Rendition of judgments and final orders Requisites of a Judgment 1. in writing 2. personally and directly prepared by the judge; 3. state clearly and distinctly the facts and the law on which it is based; 4. contain a dispositive; 5. signed by the judge; and 6. filed with the clerk of court. Rule of Immutability of judgment A final judgment cannot be modified, even if the purpose is to correct perceived erroneous conclusions of the facts or law. Exceptions: 1. to make corrections of clerical errors, not substantial amendments, as by an amendment nunc pro tunc;

2. to clarify an ambiguity which is borne out by and justifiable in the context of the decision; 3. Where the judgment is void; or 4. in judgment for support, it can always be amended from time to time. JUDGMENT NON PRO TUNC- A judgment intended to enter into the records acts which had already been done, but which do not appear in the records. NOTE: Attack of judgment maybe direct or collateral. Direct Attack Before Finality: 1. Motion for new trial or reconsideration; and 2. Appeal. After Finality: 1. Relief from judgment (Rule 38); and 2. Annulment of judgment (Rule 47) PROMULGATION OF JUDGMENT Court Renders Decision File appeal within 15 days from notice of judgment Within 15 days from notice of judgment: Motion for Reconsideration or Motion for New Trial

Losing Party

Accepts decision without further contest

Judgment becomes final and executory

Court maintains decision

Court grants motion: 1. Modifies decision; or 2. Grants new trial