RULE 54. JUDGMENT--COSTS
(a) Definition-Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment may not contain a recital of the pleadings, the report of a master, or the record of prior proceedings.
(b) Judgment Upon Multiple Claims or Involving Multiple Parties. If more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or if multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination
thatthere is no just reason for delay and upon an express direction for theentry of judgment. In the absence of that determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all of the claims or the rights and liabilities of fewer than all the parties does not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
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(e) Costs; Attorneys' Fees.
(1) Costs Other than Attorneys' Fees. Costs and disbursements must be allowed as provided by statute. A party awarded costs and disbursements shall submit to the clerk a detailed, verified statement
thereofof their costs and disbursements. Upon receipt of the statement, the clerk shall allow those costs and disbursements and insert them in the judgment. A copy of the statement must accompany the notice of entry of judgment. ObjectionsAny objection to the statement must be served and filed with the clerk, either within 7 days after service of notice of entry of judgment or within such longer time as the court may fix by order made within the 7 days. Objections must specify the ground thereof.The ground for any objection must be specified. If objections areIf an objection is filed, the clerk shall promptly submit themthe objection to the judge who ordered the judgment. The court by ex parte order shall fix a time for hearing the objectionsan objection. Unless otherwise directed by the court, the parties may waive thetheir right to hearingoral argument and just submit written argument in lieu thereofwithin athe time specified by the court.
(2) Attorneys' Fees.
AAny claim for attorneys' fees and any related nontaxable expense snot determined by the judgment must be made by motion. The motion must be served and filed not later than 15 days after service of notice of entry of judgment. The trial court may decide the motion even after an appeal is filed.
Rule 54 was amended, effective January 1, 1980; September 1, 1983; March 1, 1990; March 1, 1997; March 1, 1998; _____________________.
Subdivision (b) requires the trial court to exercise its discretion in directing the entry of final judgment as to one or more but fewer than all of the claims or parties. The party requesting certification carries the burden of establishing that prejudice or hardship will result if certification is denied, and the trial court, in exercising its discretion, must weigh the overall policy prohibiting piecemeal appeals against the exigencies of the case. See criteria in Union State Bank v. Woell, 357 N.W.2d 234 (N.D. 1984).
A party should be aware notice of entry of judgment or an order is not necessary to start the time running for filing a post-judgment motion. Actual knowledge of entry of a judgment or an order, when clearly evidenced by the record, starts the time running for filing a post-judgment motion. See Lang v. Bank of North Dakota, 377 N.W.2d 575, 578 (N.D. 1985). Actual knowledge of entry of the judgment or order requires action evident on the record on the part of the moving party. See Thorson v. Thorson, 541 N.W.2d 692, 695 (N.D. 1996).
SOURCES: Procedure Committee Minutes of ________________________; January 30, 1997, page 8; January 25-26, 1996, pages 7-10; September 28-29, 1995, page 18; April 20, 1989, page 2; December 3, 1987, page 11; November 29, 1984, page 18; September 30-October 1, 1982, pages 1-3; November 29-30, 1979, page 14; April 26-27, 1979, pages 19-20; Rule 54, FRCivP.
SUPERSEDED: Sections 28-0901, 28-2003(2), 28-2003(3), 28-2004, 28-2005, 28-2614, 28-2615, NDRC 1943.
CROSS REFERENCE: Rules 8 (General Rules of Pleadings), 52 (Findings By the Court), 58 (Entry of Judgment), 59 (New Trials-Amendment of Judgments) and 77 (District Courts and Clerks), NDRCivP; Rule 3 (Appeal as of Right-How Taken), NDRAppP. See also, Rules 20 (Permissive Joinder of Parties) and 21 (Misjoinder and Non-Joinder of Parties), NDRCivP.