(a) Definition. “Judgment” as used in these Rules includes any order from which a writ of error or an appeal lies.
Rule 54.Judgment; costs
Part VII: Judgment · Last amended July 1, 1999 · Last verified July 28, 2026
In one sentenceRule 54 defines "judgment" to include any appealable order, lets the Court enter final judgment on fewer than all claims or parties only with an express finding that delay isn't justified, awards costs to the prevailing party on a 10-day application, and limits which litigation expenses count as taxable costs.
Full Text of Rule 54
(b) Judgment upon multiple claims. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, the Court may direct the entry of a final judgment upon 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. 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) Omitted.
(d) Costs. Except when express provision therefor is made either in a statute or in these Rules or in the Rules of the Supreme Court, costs shall be allowed as of course to the prevailing party upon application to the Court within ten (10) days of the entry of final judgment unless the Court otherwise directs.
(e) Unnecessary costs. If at any time during the progress of an action it appears to the Court that the amount claimed is exorbitant so that the opposite party is put to unnecessary expense in giving bond, or if any party unnecessarily swells the record or otherwise causes unnecessary expense, the Court may, in its discretion, order such unnecessary expense to be taxed against the party causing the same, without regard to the outcome of the action.
(f) Court reporter fees. The fees paid court reporters for the Court’s copy of transcripts of depositions shall not be taxable costs unless introduced into evidence. Fees for other copies of such transcripts shall not be taxable costs. The production and playback costs associated with any videotape deposition may also be taxable as costs if the video deposition is introduced into evidence.
(g) Witness fees. Witness fees for those testifying on deposition shall be the same as statutory witness fees for testifying in Court and such fees shall be taxable as costs if the deposition is introduced into evidence.
(h) Expert witness fees. Fees for expert witnesses testifying on deposition shall be taxed as costs pursuant to 10 Del. C. 8906 only where the deposition is introduced into evidence.
(i) Attorney fees. No appearance fees for attorneys will be permitted or taxed as costs in any action or cause in the Superior Court.
Amendment History
Amended, effective July 28, 1959; July 1, 1970; Oct. 15, 1980; Oct. 1, 1993; Oct. 26, 1995; Nov. 12, 1997; May 19, 1999, effective July 1, 1999.
Plain-English Summary
Rule 54(a) gives "judgment" a broad meaning: it covers any order from which a writ of error or an appeal lies, not just a document labeled a judgment. Rule 54(b) then addresses cases with more than one claim or party. When a case presents multiple claims or multiple parties, the Court can enter final judgment on some of them while the rest stay pending, but only if it expressly finds no just reason for delay and expressly directs that judgment be entered. Without that finding and direction, an order deciding fewer than all the claims or all the parties' rights doesn't end the action as to anything, and the Court can revise it any time before a judgment covering the whole case is entered.
Costs work on their own track. Rule 54(d) entitles the prevailing party to costs as a matter of course, but that party has to apply for them within 10 days of final judgment unless the Court directs otherwise or a statute or another rule says something different. Rule 54(e) gives the Court discretion to tax unnecessary expenses against whichever party caused them, regardless of who wins the case — this covers an exorbitant bond demand or a record padded beyond what the dispute requires.
The rest of Rule 54 narrows what counts as a taxable cost. Court reporter fees for a deposition transcript are taxable only if the deposition comes into evidence, and fees for extra copies of that transcript never are. The same evidence-in condition applies to a videotape deposition's production and playback costs, to witness fees for a deposition witness, and to expert witness fees taxed under 10 Del. C. § 8906. Rule 54(i) closes the list with a flat rule of its own: the Superior Court doesn't permit or tax any attorney appearance fee as a cost, in any action.
Frequently Asked Questions
What counts as a "judgment" under Delaware Rule 54?
Rule 54(a) defines judgment to include any order from which a writ of error or an appeal lies, so the term reaches beyond a document formally titled "judgment."
Can the Court enter final judgment on just one claim in a multi-claim case?
Yes, under Rule 54(b), but only if the Court expressly determines there's no just reason for delay and expressly directs entry of judgment. Without that finding and direction, an order resolving fewer than all the claims or parties doesn't terminate the action and can be revised before final judgment.
How long do I have to apply for costs after winning?
Rule 54(d) requires the prevailing party to apply for costs within 10 days of the entry of final judgment, unless the Court directs otherwise or a statute or another rule provides differently.
Are deposition transcript fees always taxable as costs?
No. Rule 54(f) makes court reporter fees for the Court's copy of a deposition transcript taxable only if the deposition is introduced into evidence, and fees for other copies of the transcript are never taxable.
Can I recover an attorney's appearance fee as a cost if I win?
No. Rule 54(i) states that no appearance fees for attorneys are permitted or taxed as costs in any action or cause in the Superior Court.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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