RULE 54. JUDGMENT; COSTS

Effective Date: 3/1/2011

Obsolete Date: 3/1/2012

(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 Chapter 30.1 19, N.D.C.C.

(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; March 1, 2012.

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. The party requesting 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 entry of judgment is denied. 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. If the district court does not enter judgment under Rule 54(b), a partial summary judgment adjudicating fewer than all of the claims of all of the parties is not a final judgment and is not immediately 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 April 28-29, 2011, page 13; 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: 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), N.D.R.Civ.P.; Rule 3 (Appeal as of Right-How Taken), N.D.R.App.P.. See also, Rules 20 (Permissive Joinder of Parties) and 21 (Misjoinder and Non-Joinder of Parties), N.D.R.Civ.P..

Effective Date Obsolete Date
03/01/2012 View
03/01/2011 03/01/2012 View
03/01/1998 03/01/2011 View
03/01/1997 03/01/1998 View
03/01/1990 03/01/1997 View