Rule 54.Judgments; attorney fees
Group VII: Judgment · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 54
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (b) is amended to omit any mention of claims. Under the revised rule, the court can no longer direct the entry of a final judgment as to one or more but fewer than all of the claims in a multiple-claim case. Thus, an order adjudicating one or more but fewer than all of the claims in a multiple-claim case is not a final judgment and is not appealable. The revised rule retains language permitting the court to direct entry of a final judgment as to one or more but fewer than all of the parties involved in a case.
Advisory Committee Note — 2019 Amendment: Subsection (b). From 2004 to 2019, NRCP 54(b) departed from FRCP 54(b), only permitting certification of a judgment to allow an interlocutory appeal if it eliminated one or more parties, not one or more claims. The 2019 amendments add the reference to claims back into the rule, restoring the district court’s authority to direct entry of final judgment when one or more, but fewer than all, claims are resolved. The court has discretion in deciding whether to grant Rule 54(b) certification; given the strong policy against piecemeal review, an order granting Rule 54(b) certification should detail the facts and reasoning that make interlocutory review appropriate. An appellate court may review whether a judgment was properly certified under this rule. Subsection (d). Rule 54(d)(2)(B)(iv) is new. While drawn from the federal rule, it limits the required disclosure about the agreement for services to nonprivileged financial terms.
Amendment History
Amended eff. 3-16-64; Amended eff. 9-27-71; Amended eff. 1-1-05; Amended eff. 8-8-08 (vacated); Amended 2-6- 09, eff. 5-1-09; Amended eff. 3-1-19.
Plain-English Summary
Rule 54 starts by drawing a line around the word "judgment" itself: it covers decrees and any order a party can appeal, but it should not carry along the pleadings, a master's report, or a recap of everything that happened along the way. That definition matters because most other deadlines in these rules, including the ones for post-trial motions and notices of appeal, key off the date a judgment is entered. The rule then tackles cases with more than one claim or more than one party. A ruling that disposes of some but not all of them normally is not final and cannot be appealed yet, because the trial court can still change its mind about it before the case ends. The judge can override that default rule and certify part of the case as final, but only by expressly finding no just reason to delay an appeal — a step courts use sparingly, since piecemeal appeals slow everything down.
The rest of the rule sets boundaries on relief. A default judgment cannot give the winning party more, or something different in kind, than what the complaint asked for; if the damages were left open because they could not be pinned down at filing, the court has to work out the amount itself. A judgment entered after the case was contested on the merits is not boxed in that way — the court can award whatever relief the facts and law support, whether or not a party specifically asked for it. Finally, Rule 54(d) governs attorney fee requests. Fees are claimed by a separate motion, not folded into the merits, and that motion must be filed within 21 days of notice that judgment was entered. It has to identify the legal basis for the fees, give an amount or a reasonable estimate, and come with supporting proof: an affidavit that the fees were necessary and reasonable, backup documentation, and legal argument on the factors the court will weigh. The court cannot extend that 21-day clock once it has already run, though the whole fee procedure steps aside when fees are sought as a sanction or when the underlying law requires proving fees at trial as part of the damages themselves.
Frequently Asked Questions
What counts as a "judgment" under Rule 54?
Any decree or order a party can appeal counts, but the written judgment itself should stay clean — it should not restate the pleadings, summarize a master's report, or recount the history of the case. Courts and parties look to the judgment for what was decided, not for a narrative of how the case got there.
If the court rules on some of my claims but not others, can I appeal right away?
Usually not. An order that resolves fewer than all the claims or fewer than all the parties is not treated as final, and the court can still revise it before the case wraps up. It only becomes immediately appealable if the judge expressly certifies it under Rule 54(b) and finds no just reason to wait.
What does a Rule 54(b) certification require from the judge?
More than a rubber stamp. The judge has to make an express finding that there is no just reason for delay, and courts are expected to explain the reasoning behind that finding, since certifying part of a case for appeal while the rest continues is the exception, not the routine.
Can I recover more in a default judgment than I asked for in my complaint?
No. A default judgment cannot exceed in amount or differ in kind from what the complaint demanded. The one exception is when the complaint sought unspecified damages because the amount could not be calculated at the time of filing — there, the court determines the figure itself.
How do I ask the court for attorney fees after I win?
File a separate motion within 21 days of receiving notice that judgment was entered. Identify the legal basis for the fees, state the amount or a reasonable estimate, and support it with an affidavit confirming the fees were necessary and reasonable, documentation of the work, and argument addressing the factors the court considers. The court cannot extend that deadline once it has already passed.