Rule 54.Judgments; Costs
Last amended July 1, 2019 · Last verified July 1, 2026
Full Text of Rule 54
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1989; July 1, 1992; July 1, 1994; July 1, 1996; July 1, 2016; July 1, 2019
Staff Note (July 1, 1996 Amendment)
Rule 54(A) Definition; form
The amendment changed the rule’s reference from “report of a referee” to “magistrate’s decision” in division (A) in order to harmonize the rule with the language adopted in the 1995 amendments to Civ.R. 53. The amendment is technical only and no substantive change is intended.
Staff Note (July 1, 2016 Amendment)
A new division (E) is added to address awards of attorney fees. The purpose of the new division is to supersede any application of the decision in State ex rel. Citizens for Open, Responsive & Accountable Govt. v. Register, 116 Ohio St.3d 88, 2007–Ohio–5542 to an award of attorney fees under the rules by specifying that when any provision of the rules authorizes an award of attorney fees, the court may award the reasonable value of the services performed by the attorney, whether or not the party actually paid or is obligated to pay the attorney for such services. The heading of the rule is also amended to indicate that, in addition to “Judgments” and “Cost,” the rule now also addresses the separate subject of “Attorney Fees.”
Staff Note (July 1, 2019 Amendment)
Division (A)
The amendment to division (A) deletes the circular reference to the final-order statute, which often could not be reconciled with how the term “judgment” is used in the civil rules or with evolving final-order jurisprudence. Not every judgment constitutes a final order, and some judgments are final under statutes other than R.C. 2505.02. The amendment now places the finality analysis squarely on the apposite statutes, where it rightly belongs.
The amendment also deletes the last sentence of the rule, which unnecessarily circumscribed the contents of a judgment. The original purpose of this language appears, at least in part, to be to distinguish between decisions (which “announce[] what the judgment will be”) and judgments (which “unequivocally order[] the relief”). See, e.g., Downard v. Gilliland, 4th Dist. Jackson No. 10CA2, 2011-Ohio-1783, ¶ 11, citing St. Vincent Charity Hosp. v. Mintz, 33 Ohio St.3d 121, 123, 515 N.E.2d 917 (1987). The amendment now specifies that a judgment must order or decline to order a form of relief; what a judgment includes beyond that requirement should be left in the discretion of the issuing court.
Plain-English Summary
Division (A) defines "judgment" as a written entry ordering or declining to order a form of relief, signed by a judge and journalized on the court's docket. Division (B) addresses actions with multiple claims or multiple parties: when a court disposes of fewer than all the claims or fewer than all the parties' rights and liabilities, that disposition isn't final as to any claim or party unless the court expressly determines there's no just reason for delay -- and without that determination, the order remains subject to revision at any time before the case is fully resolved.
Division (C) limits the relief a court may award: every final judgment grants the relief the prevailing party is entitled to, except that a default judgment or a judgment for money damages can't exceed in amount or differ in kind from what the demand for relief specifies, as properly amended. Division (D) awards costs to the prevailing party unless a rule, a statute, or the court directs otherwise. Division (E) lets a court that's authorized to award attorney fees award the reasonable value of the attorney's services regardless of whether the party paid, or is obligated to pay, the attorney for them.
Frequently Asked Questions
When does a partial judgment in a multi-party or multi-claim case become final?
Only when the court expressly determines there's no just reason for delay. Without that determination, the order stays open to revision until the entire case is resolved.
Can a court award more in a default judgment than the complaint demanded?
No. Rule 54(C) caps a default judgment, and any judgment for money damages, at the amount or kind of relief specified in the demand, as properly amended.
Who pays the costs of a lawsuit?
The prevailing party is awarded costs unless a rule, a statute, or the court's own order provides otherwise.