RULE 54. JUDGMENT;
-- Form. "Judgment" as used in these rules includes a decree and any
order from which an appeal lies. A judgment may must not contain include a recitals of
pleadings, the report of a master's report, or the a record of prior proceedings.
Upon on 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 the express determination that there is no just reason for delay and upon
an express direction for the entry 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.
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 judgment by default may not be
different in kind from or exceed the amount prayed for in the demand for judgment. Except
as to a party against whom a judgment is entered by default, every final judgment must grant
the relief to which the party in whose favor it is rendered is entitled, even if the party has not
demanded that relief in the pleadings.
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
upon on any
issue of fact and before judgment, the court nevertheless may still render judgment thereon.
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
shall must submit to the clerk
a detailed, verified statement thereof to the clerk. Upon receipt of the statement, the clerk
shall 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 seven days after notice of entry of judgment or within such a longer time the court
may fix by order made fixed by court order within the seven days. Objections must specify
the ground thereof The grounds for objections must be specified. If objections are filed, the
clerk shall must promptly submit them to the judge who ordered the judgment. The court by
ex parte order shall must 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 instead within a time specified by the court.
(2) (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 not later than within 15 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; ________________.
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).
Rule 54 was amended, effective _______________, 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 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 Fed.R.Civ.P. 54 , FRCivP.
Superseded: N.D.R.C. 1943 §§ 28-0901, 28-2003(2), 28-2003(3), 28-2004, 28-2005,
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).