Rule 41: Interest on Judgments.



If a judgment for money in a civil case is affirmed or the appeal is dismissed, whatever interest is allowed by law shall be payable computed from the date of the verdict of the jury or the equivalent determined by the court in a non-jury case, which date shall be set forth in the judgment entered in the trial court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the trial court, the mandate shall contain instructions with respect to allowance of interest.

[As amended effective July 1, 1980.]

Advisory Commission Comments.

This rule does not modify any existing law providing for interest before judgment, nor does it affect the rate of interest. The second sentence permits flexibility in cases in which a judgment is modified or reversed. The rule expressly provides for the allowance of interest if an appeal is dismissed as well as if the judgment is affirmed.

Advisory Commission Comments [1980].

The change in the first sentence of Rule 41 deals with the computation of interest in civil actions in both jury and non-jury cases. The existing rule provides for interest from the date of entry of judgment. The amendment provides for interest from the time of the announcement of a jury verdict or of announcement of decision by the trial judge. The reason for the amendment is that there sometimes is a delay between the announcement of the jury verdict or announcement of decision by the trial judge and the formal entry of judgment.

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