RULE 54. JUDGMENT--COSTS

(e) Costs; Attorneys' Fees.

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(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 15 days after notice of entry of judgment. The trial court may decide the motion even after an appeal is filed.

EXPLANATORY NOTE

Rule 54 was amended, effective January 1, 1980; September 1, 1983; March 1, 1990; March 1, 1997; .

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).

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.

STATUTES AFFECTED:

SUPERSEDED: Sections 28-0901, 28-2003(2), 28-2003(3), 28-2004, 28-2005, 28-2614, 28-2615, NDRC 1943.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.