Rule 54.Judgment — Costs.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 54 defines what counts as a judgment, sets what a court must say before entering judgment on fewer than all claims or parties, caps a default judgment at the relief demanded, and controls how costs are taxed.

Full Text of Rule 54

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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.

(b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one (1) claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one (1) 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) 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) Allowance of Costs. Costs shall be allowed as of course to the prevailing party as provided by statute and by these rules unless the court otherwise specifically directs.

(e) Taxation of Costs.

(1) With Notice. Costs may be taxed by the court upon five (5) days' notice. A copy of the bill of costs, specifying the items in detail, and a copy of any supporting affidavits shall be served with the notice.

(2) Without Notice. Costs may be taxed without notice by the clerk upon inspection of the proceedings and files. A party who has obtained taxation of costs without notice shall immediately thereafter serve upon the adverse party notice of the items so taxed. Within five (5) days after such service, any such adverse party may serve notice of retaxation of costs by the court upon five (5) days' notice to the party who has obtained taxation of costs, specifying the items as to which retaxation is sought.

(f) Costs on Depositions. The taxation of costs in the taking of depositions shall be subject to the discretion of the court. No costs shall be allowed unless the court finds that the taking of the deposition was reasonably necessary, whether or not the deposition was actually used at the trial. Taxable costs may include the cost of service of subpoena upon the deponent, the reasonable fee of the officer before whom the deposition is taken, the fees and mileage allowances of witnesses, the stenographer's reasonable fee for attendance, and the cost of the transcript of the testimony or such part thereof as the court may fix.

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a) sets the vocabulary. A judgment includes a decree and any order an appeal lies from, and it must not recite the pleadings, a master's report, or the record of prior proceedings. The document says what the court decided, nothing more.

Subdivision (b) is the one that decides whether a partial ruling is final. When a case has more than one claim or more than one party, the court may enter final judgment on part of it only upon an express determination that there is no just reason for delay and an express direction for the entry of judgment. Without both, an order resolving some claims or some parties terminates nothing, and it stays subject to revision at any time until the court adjudicates all the claims and all the parties.

Subdivision (c) caps a default. A judgment by default cannot differ in kind from, or exceed the amount of, what the demand for judgment asked for. For everyone else, a final judgment grants the relief the winning party is entitled to even if that party never demanded it in a pleading. Under subdivision (d), costs go to the prevailing party as of course, as provided by statute and by these rules, unless the court specifically directs otherwise.

Subdivision (e) splits taxation in two. The court may tax costs on five days' notice, with a bill of costs specifying the items in detail and a copy of any supporting affidavits served with the notice. Or the clerk may tax them without notice, on inspection of the proceedings and files — and then the party who obtained taxation must serve notice of the items taxed immediately afterward, giving the other side five days to serve notice of retaxation by the court. Deposition costs rest in the court's discretion under subdivision (f), and nothing is allowed unless the court finds the deposition was reasonably necessary, used at trial or not.

Frequently Asked Questions

Can I appeal an order that decides only part of my family court case?

Rule 54(b) controls whether that order is final. The court may direct entry of a final judgment on fewer than all the claims or parties only upon an express determination that there is no just reason for delay and an express direction for the entry of judgment. Without both, the order does not terminate the action as to any claim or party and stays subject to revision at any time before the court enters a judgment adjudicating all the claims and all the parties.

Can a default judgment give my spouse more than the complaint asked for?

No. Subdivision (c) says a judgment by default cannot differ in kind from or exceed in amount what was prayed for in the demand for judgment. The demand sets the ceiling for a party who never answers.

Who pays the costs in a Rhode Island family court case?

Under subdivision (d), costs are allowed as of course to the prevailing party as provided by statute and by these rules. The court can direct otherwise, but that takes a specific direction from the court.

How do I challenge costs the clerk taxed without telling me?

The party who obtained taxation without notice has to serve you with notice of the items taxed right after. Within five days of that service you may serve notice of retaxation by the court, on five days' notice, specifying which items you want retaxed.

Can I recover what a deposition cost me?

Sometimes. Subdivision (f) leaves deposition costs to the court's discretion and allows nothing unless the court finds the deposition was reasonably necessary, whether or not it was used at trial. Taxable items can include subpoena service, the officer's reasonable fee, witness fees and mileage, the stenographer's attendance fee, and the transcript or the part of it the court fixes.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 54). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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