RULE 54. JUDGMENT--COSTS
(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 thereof. 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. Objections must be served and filed with the clerk, either within 7 days after notice of entry of judgment or within such longer time the court may fix by order made within the 7 days. Objections must specify the ground thereof. If objections are filed, the clerk shall promptly submit them to the judge who ordered the judgment. The court by ex parte order shall fix a time for hearing the objections. Unless otherwise directed by the court, the parties may waive the right to hearing and submit written argument in lieu thereof within a time specified by the court.
(2) Attorneys' Fees.
A claim for attorneys' fees and related nontaxable expenses not determined by the judgment must be made by motion. The motion must be served and filed not later than 10 days after 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.
Rule 54 is derived from Rule 54, FRCivP, with more detailed provisions concerning the allowance of costs [subdivision (e)], and for death of a party after verdict, but before judgment [subdivision (d)], taken from Section 28-2005, NDRC 1943.
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).
Subdivision (c) was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended. Subdivision (e) was amended in 1983, effective September 1, 1983, by deleting all of the former subdivision (e) after the first sentence and deleting all of former subdivision (f), and inserting the present provisions of subdivision (e). The change was made to eliminate the cumbersome procedure of taxation and retaxation of costs and disbursements, and to provide that a copy of the statement of costs and disbursements must accompany the notice of entry of judgment.
SOURCES: Procedure Committee Minutes of January 25-26, 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.