(a) Definition; form. ”Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings.
Rule 54.Judgments; costs.
Last amended October 1, 1995 · Last verified July 6, 2026
In one sentenceRule 54 defines what counts as a judgment, restricts courts from finalizing part of a multi-claim or multi-party case unless they expressly say there is no reason to wait, caps default judgments at what the complaint demanded, and sets the default rule that the winning party recovers its costs.
Full Text of Rule 54
(b) Judgment upon multiple claims or involving multiple parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when 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 an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. Except where judgment is entered as to defendants who have been served pursuant to Rule 4(f), in the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall 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.
(c) Demand for judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party’s pleadings.
(d) Costs. Except when express provision therefor is made in a statute, costs shall be allowed as of course to the prevailing party unless the court otherwise directs, and this provision is applicable in all cases in which the state is a party plaintiff in civil actions as in cases of individual suitors. In all cases where costs are adjudged against any party who has given security for costs, execution may be ordered to issue against such security. Costs may be taxed by the clerk without notice. On motion served within five (5) days of the receipt of notice of such taxation, the action of the clerk may be reviewed by the court.
(dc) District court rule. Rule 54 applies in the district courts.
Amendment History
[Amended 1-4-82, eff. 3-1-82; Amended 5-16-83, eff. 7-1-83; Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
Subdivision (a). The short and simple forms of judgment which this subdivision contemplates are illustrated in the Appendix of Forms. The procedure for rendition and entry of judgment is regulated in some detail by Rule 58.
Subdivision (b). These rules provided for a much wider joinder of claims and parties than that heretofore permitted in Alabama. This subdivision regulates the relation of that joinder to the usual requirement, in Alabama as elsewhere, that appeal must be only from a final judgment, save in unusual circumstances. See Code of Ala., § 12-22-3. In general the rule adopts equity practice of a “split judgment.” See Equity Rule 69. The rule provides that, in the absence of affirmative action by the judge, no decision is final until the entire case has been adjudicated. The one exception is that where the court has completely disposed of one of a number of claims, or one of multiple parties, and has made an express determination that there is no just reason for delay, the court may direct the entry of judgment on that claim or as to that party. The judgment so entered is a final judgment in all respects, and may be appealed, even though prior to the adoption of these rules it might not have been possible to enter final judgment in such a situation until all the claims, or the rights and liabilities of all the parties, had been adjudicated. Sears Roebuck & Co. v. Mackey, 351 U.S. 427, 76 S.Ct. 895, 100 L.Ed. 1297 (1956); Cold Metal Process Co. v. United Engineering & Foundry Co., 351 U.S. 445, 76 S.Ct. 904, 100 L.Ed. 1311 (1956); 3 Barron & Holtzoff, Federal Practice and Procedure, § 1193 (1958); 6 Moore’s Federal Practice, ¶¶ 54.26- 54.42 (2d ed. 1971). The validity of the rule seems settled also by such cases as Wood v. City of Birmingham, 247 Ala. 15, 22 So.2d 331 (1945); Wilkinson v. McCall, 247 Ala. 225, 23 So.2d 577 (1945). Subdivision (b) is expressly applicable to a suit involving multiple parties as well as a suit involving multiple claims.
Subdivision (c). The first sentence of this subdivision states the traditional view, based upon the fundamental unfairness of giving greater or different relief in a judgment from that of which the defendant was given notice by the complaint, in cases where he does not appear and defend against the action. See National Discount Corp. v. O’Mell, 194 F.2d 452 (6th Cir.1952). Present Alabama doctrine, both in law and equity, is to the same effect. Carothers v. Callahan, 207 Ala. 611, 93 So. 569 (1922); Tilley, Alabama Equity Pleading and Practice 96 (1954).
The second sentence of subdivision (c) implements the general principle of Rule 15(b), that in a contested case the judgment is to be based on what has been proved rather than what has been pleaded. It is a necessary rule in a merged system of law and equity. Thus it has been held that a party may be awarded damages though he asked for equitable relief. Truth Seeker Co. v. Durning, 147 F.2d 54 (2d Cir.1945); and vice versa Blazer v. Black, 196 F.2d 139 (10th Cir.1952). And he may be awarded relief on a quantum meruit basis though he sued on a contract, Del Balso v. Carozza, 136 F.2d 280, (D.C.Cir.1943), or damages for breach of contract though the complaint alleged a tort, Thomas v. Pick Hotels Corp., 224 F.2d 664 (10th Cir.1955). A different result would mean preservation of the distinctions between law and equity and of the various forms of action which these rules are intended to abolish. But this rule is only applicable where the proof supports the relief finally given, and where, therefore, pursuant to Rule 15(b), the pleadings could be deemed to be amended to conform to the evidence. See Roberge v. Cambridge Cooperative Creamery Co., 243 Minn. 230, 67 N.W.2d 400 (1954). See 3 Barron & Holtzoff, Wright ed., § 1194 (1954).
Subdivision (d). This subdivision, modelled on Federal Rule 54(d) adopts the law practice of costs to the prevailing party unless the court otherwise directs, Code of Ala., Tit. 11, § 65, in preference to the equity practice which commits the entire matter to the discretion of the court. Equity Rule 112. Presumably, the use of the phrase “unless the court otherwise directs” would authorize the court to decline to tax costs at all. However, the failure to tax costs may affect finality of judgment. The last half of the first sentence, making the provision as to costs applicable to the state, and the second sentence, referring to cases where security for costs have been given, are taken from the Alabama statute cited above.
Committee Comments to Amendment to Rule 54(b) Effective March 1, 1982
Subdivision (b) is amended so as to harmonize it with the provisions of Rule 4(f) dealing with judgment against one or more defendants where other defendants have not yet been served with process. Thus, a judgment which disposes of fewer than all the parties is final where the parties as to whom there has been no judgment have not yet been served with process. See Ford Motor Credit Co. v. Carmichael, 383 So.2d 539 (Ala.1980), for a contrary result under Rules 4 and 54 prior to the proposal of this revision.
Committee Comments to October 1, 1995, Amendment to Rule 54
The amendment is technical. No substantive change is intended.
District Court Committee Comments
[Comments omitted effective July 1, 1983.]
Plain-English Summary
Rule 54 opens by defining a judgment broadly to include any decree or order that can be appealed, and it keeps judgments clean by barring them from reciting the pleadings, a master’s report, or the record of what happened earlier in the case. That simplicity matters because a judgment is the document that triggers appeal rights and closes out claims.
Subdivision (b) addresses cases with multiple claims or multiple parties, which the broader joinder rules make common. When a case involves more than one claim — whether an original claim, counterclaim, cross-claim, or third-party claim — or more than one party, a court cannot make its ruling on part of the case final and appealable just by ruling on it. The court must expressly find that there is no just reason for delay and expressly direct that judgment be entered. Without that express step, any ruling that resolves less than the whole case remains open and can be revised any time before everything is finally decided. An exception applies to defendants who have not yet been served: a judgment resolving the claims against served defendants can be final even though other, unserved defendants remain in the case.
Subdivision (c) governs the relationship between what a party asked for and what a judgment can award. A default judgment is capped strictly by the demand in the pleading — it cannot be different in kind or larger in amount than what was requested, because the defaulting party never had the chance to respond to anything more. Outside of default, the rule works the other way: a final judgment must give the prevailing party the relief that party is entitled to under the proof, even if that relief was never specifically requested in the pleadings.
Subdivision (d) sets the baseline for costs: the prevailing party recovers costs as a matter of course unless a statute says otherwise or the court directs a different result, and this applies equally when the state itself is the plaintiff. If a party who owes costs has posted security for them, execution can be ordered against that security. The clerk taxes costs without needing to hold a hearing, but any party can ask the court to review that taxation by filing a motion within five days of receiving notice of it. Rule 54 applies in the district courts.
Frequently Asked Questions
What counts as a "judgment" under Rule 54?
The term covers any decree or any order from which an appeal can be taken, and a judgment is not supposed to recite the pleadings, a master’s report, or the record of prior proceedings in the case.
Can a court finalize a ruling on just one claim while other claims remain pending?
Yes, but only if the court expressly determines that there is no just reason for delay and expressly directs that judgment be entered on that claim; without both express steps, the ruling stays open and can be revised until the whole case is decided.
Why does it matter whether a defendant has been served when a court enters partial judgment?
Rule 54 carves out an exception so that a judgment resolving the claims against defendants who have been served can be final even though other named defendants have not yet been served and remain outside the case.
Can a default judgment award more than what the complaint demanded?
No. A judgment entered by default cannot differ in kind from or exceed in amount the relief demanded in the pleading, because the defaulting party never had notice of anything beyond that demand.
Can a party win relief at trial that it never specifically requested in its pleadings?
Yes, outside the default context. Rule 54 requires a final judgment to grant the prevailing party the relief it is entitled to based on the proof, even when that particular relief was not demanded in the pleadings.
Who pays court costs, and how can a party challenge how costs were calculated?
Costs go to the prevailing party as a matter of course unless a statute or the court says otherwise, and the clerk can tax costs without a hearing, but any party may move for the court to review that taxation within five days of receiving notice of it.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 54). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: final judgment Alabamapartial judgment multiple claimsno just reason for delaycosts to prevailing partydefault judgment demand limitAla. R. Civ. P. 54