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 should not include recitals of pleadings, a master's report, or a record of prior proceedings.
(b) Judgment on Multiple Claims or Involving Multiple Parties.
If an action presents more than one claim for relief, whether as a claim, counterclaim, crossclaim, or third-party claim, or if multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.
(c) Demand for Judgment; Relief to be Granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
(d) Death Before Judgment. If a party dies after a verdict or decision on any issue of fact and before judgment, the court may still render judgment. That judgment is not a lien on the real property of the deceased party, but is payable as provided in N.D.C.C. ch. 30.1-19.
(e) Costs; Objections; Attorneys' Fees.
(1) Costs Other Than Attorneys' Fees. Costs and disbursements must be allowed as provided by statute. A party awarded costs and disbursements must submit a detailed, verified statement to the clerk. Upon receipt of the statement, the clerk must allow those costs and disbursements and insert them in the judgment. A copy of the statement must accompany the notice of entry of judgment.
(2) Objections to Costs. Objections must be served and filed with the clerk within 14 days after notice of entry of judgment or within a longer time fixed by court order within the 14 days. The grounds for objections must be specified. If objections are filed, the clerk must promptly submit them to the judge who ordered the judgment. The court by ex parte order must fix a time for hearing the objections. Unless otherwise directed by the court, the parties may waive the right to a hearing and submit written argument instead within a time specified by the court.
(3) 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 within 21 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; March 1, 1998; March 1, 2011; ________________.
Under subdivision (b), entry of a final judgment adjudicating fewer
than all of the claims
of all of the parties is permitted only in the infrequent harsh case involving unusual
circumstances where failure to allow an immediate appeal would create demonstrated
prejudice or hardship.
Subdivision (b) requires the trial court to exercise its
directing the entry of final judgment as to one or more but fewer than all of the claims or
parties. The party requesting certification entry of
judgment under subdivision (b) carries the
burden of establishing that unusual and compelling or out-of-the-ordinary circumstances
exist and that prejudice or hardship will result if certification
entry of judgment is denied ,.
and the trial court, in exercising its discretion, The district court
must weigh the overall
policy prohibiting piecemeal appeals against the exigencies of the case and must delineate
the unusual or compelling circumstances justifying order of entry of judgment.
in Union State Bank v. Woell, 357 N.W.2d 234 (N.D. 1984). If the district court
enter judgment under Rule 54(b), a partial summary judgment adjudicating fewer than all of
the claims of all of the parties is not
considered a final judgment and is not appealable. A
party seeking to appeal must wait until the end of the case, when all claims have been
resolved and final judgment has been entered, before filing an appeal.
Paragraph (e)(2) was amended, effective March 1, 2011, to increase the time to object to costs from 7 to 14 days after notice of entry of judgment.
Paragraph (e)(3) was amended, effective March 1, 2011, to increase the time to make a claim for attorneys' fees from 15 to 21 days after notice of entry of judgment.
Rule 54 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 27-28, 2011, pages _______; April
29-30, 2010, page 14; September 24-25, 2009, page 23; 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;
Fed.R.Civ.P. 54 ,
Cross Reference: N.D.R.Civ.P. 8 (General Rules of Pleading), N.D.R.Civ.P. 52 (Findings by the Court), N.D.R.Civ.P. 58 (Entry of Judgment), N.D.R.Civ.P. 59 (New Trials -- Amendment of Judgments) and N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.App.P. 3 (Appeal as of Right -- How Taken). See also, N.D.R.Civ.P. 20 (Permissive Joinder of Parties) and N.D.R.Civ.P. 21 (Misjoinder and Non-Joinder of Parties).