(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.
Rule 54.Judgment; Costs
Group VII: Judgment · Last amended August 1, 2021 · Last verified July 15, 2026
In one sentenceRule 54 defines what counts as a judgment, restricts entry of a final, appealable judgment on only some claims or parties to cases where delay would truly cause prejudice or hardship, caps a default judgment at what the pleadings demanded, and sets the deadlines and procedure for claiming costs, disbursements, and attorney's fees.
Full Text of Rule 54
(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 N.D.C.C. ch. 30.1-19.
(e) Costs and Disbursements; Objections; Attorneys' fees.
(1) Costs and disbursements. Costs and disbursements must be allowed as provided by statute.
(A) A party awarded costs and disbursements must serve and file a detailed, verified statement of costs and disbursements within 30 days after entry of an order for judgment.
(B) Objections must be served and filed within 14 days after service of the statement or such other time as the court, in its discretion, may allow. The grounds for objections must be specified.
(C) If objections are filed, the clerk must promptly submit them to the judge who issued the order for judgment. A party may request a hearing on objections within seven days of filing of the objections and must secure a time for hearing and serve notice upon all parties. A timely request for hearing must be granted.
(D) If no objections are filed within the time designated under this rule, the clerk must allow the costs and disbursements included in the statement and insert them in the judgment. If the court determines costs and disbursements under this rule, the clerk must insert them in the judgment.
(2) Attorneys' fees. A claim for attorneys' fees and related nontaxable expenses not determined by the judgment must be made by motion.
(A) The motion must be served and filed within 21 days after notice of entry of judgment.
(B) The motion must:
(i) specify the judgment and the statute, rule, or other grounds entitling the movant to the award;
(ii) state the amount sought or provide a fair estimate of it; and
(iii) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.
(C) 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; March 1, 1998; March 1, 2011; March 1, 2012; August 1, 2021.
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.
Subdivision (e) was amended, effective August 1, 2021, to provide a procedure for objections to be heard before costs and disbursements are inserted in the judgment and to include content requirements for motions seeking attorney fees.
Paragraph (e)(1) was amended, effective March 1, 2011, to increase the time to object to costs from 7 to 14 days after service of the statement of costs and disbursements.
Paragraph (e)(2) 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.
Plain-English Summary
Rule 54(a) defines “judgment” broadly to include a decree and any order from which an appeal lies, but says a judgment shouldn't recite the pleadings, a master's report, or the record of prior proceedings. Rule 54(b) then limits when a court can carve off part of a multi-claim or multi-party case for immediate appeal: the court can direct entry of final judgment on fewer than all the claims or parties only if it expressly determines there is no just reason for delay. The court's own explanatory note describes this as reserved for the infrequent, harsh case involving unusual circumstances, where the party seeking early entry carries the burden of showing that denying it would cause demonstrated prejudice or hardship, weighed against the general policy against piecemeal appeals. Absent that certification, an order deciding fewer than all the claims or parties doesn't end the case and can be revised anytime before a final judgment covers everyone and everything.
Rule 54(c) limits a default judgment to what the pleadings demanded — it can't differ in kind or exceed the amount asked for — while every other final judgment should give each party the relief it has earned, even beyond what the pleadings requested. Rule 54(d) allows judgment to be rendered even if a party dies after a factual verdict or decision but before judgment is entered, though that judgment isn't a lien on the deceased party's real property and is instead payable under the probate procedure the rule cites.
Rule 54(e) lays out the mechanics for costs, disbursements, and fees. A party awarded costs must serve and file a detailed, verified statement within 30 days after the order for judgment, and the other side has 14 days after service to object, with specific grounds. If objections come in, the clerk sends them to the judge, and a party can request a hearing within seven days of filing the objections — a timely request must be granted. Without timely objections, the clerk inserts the costs and disbursements from the statement directly into the judgment. A claim for attorney's fees not already decided in the judgment requires a separate motion within 21 days after notice of entry of judgment, specifying the judgment and the legal basis for the fee award, stating the amount sought or a fair estimate, and disclosing any fee agreement if the court orders it. The trial court can decide that motion even after an appeal has already been filed.
Frequently Asked Questions
What counts as a “judgment” under the North Dakota rules?
Rule 54(a) defines it to include a decree and any order from which an appeal lies, while excluding recitals of the pleadings, a master's report, or the record of prior proceedings.
Can a court enter a final, appealable judgment on just one claim in a case with several pending claims?
Only if the court expressly determines there is no just reason for delay under Rule 54(b). The rule's own note describes this as reserved for the unusual case where denying immediate entry would cause demonstrated prejudice or hardship, not a routine option.
Can a default judgment award more than my complaint asked for?
No. Rule 54(c) says a default judgment must not differ in kind from, or exceed in amount, the relief demanded in the pleadings, though other final judgments can grant relief a party is entitled to even without a matching demand.
How long do I have to object to the other side's statement of costs and disbursements?
Rule 54(e)(1)(B) gives 14 days after service of the statement, unless the court allows a different time, and the objection must specify its grounds.
What's the deadline to ask the court for attorney's fees after winning a case?
Rule 54(e)(2)(A) requires the fee motion to be served and filed within 21 days after notice of entry of judgment.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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