(a) Definition; form. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not include recitals of pleadings, a commissioner’s report, or a record of prior proceedings.
Rule 54.Judgments; costs
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 54 defines what counts as a judgment, lets the court enter final judgment on fewer than all claims or parties only if there's no just reason for delay, requires relief to match the pleadings for a default judgment but not otherwise, and sets the procedure and deadlines for taxing costs and claiming attorney fees.
Full Text of Rule 54
(b) Judgment on multiple claims or involving multiple parties.
When an action presents more than one claim for relief—whether as a claim, counterclaim, crossclaim, or third-party claim—or when 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, including in a multiparty case the dismissal of all of the claims against fewer than all of 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 shall not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment shall grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
(d) Costs.
(1) Costs other than attorney fees. Except when express provision therefore is made either in a statute of this State or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the State, its officers, and agencies shall be imposed only to the extent permitted by law. The clerk shall tax the costs within 14 days after judgment is entered, and shall send a copy of the bill of costs to each party affected thereby. On motion by any party served within 14 days after receipt of the bill of costs, the action of the clerk may be reviewed by the court.
(2) Attorney Fees.
(A) Claim to be by motion. A claim for attorney fees and related nontaxable expenses shall be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages.
(B) Timing and contents of the motion. Unless a statute or a court order provides otherwise, the motion shall:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.
(C) Proceedings. Subject to Rule 23(h), the court shall, on a party’s request, give an opportunity for adversary submissions on the motion in accordance with Rule 4(e) or 78. The court may decide issues of liability for fees before receiving submissions on the value of services. The court shall find the facts and state its conclusions of law as provided in Rule 52(a).
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 54 starts with a definition: a "judgment" is any decree or order an appeal can be taken from, but it never includes the recitals of pleadings, a commissioner's report, or the record of prior proceedings tacked onto it. When a case involves more than one claim, or more than one party, the court can enter a final judgment on part of it — but only if it expressly finds no just reason for delay. Without that finding, any order deciding less than everything stays revisable at any time before a judgment resolves every claim and every party's rights.
What the judgment can award differs by type. A default judgment can't exceed or differ in kind from what the pleadings demanded — the defendant who never appeared only had notice of what was asked for. Every other final judgment, though, grants whatever relief a party is entitled to, whether or not that relief was specifically demanded in the pleadings.
Costs generally go to the prevailing party as a matter of course unless the court orders otherwise, with the clerk taxing them within 14 days of judgment and either side able to ask the court to review the clerk's work. Attorney fees work differently — they're claimed by a separate motion (unless the underlying law makes them an element of damages to be proven at trial), filed within 14 days of judgment, specifying the legal basis and the amount or a fair estimate of it, with the court entitled to sort out liability for fees before getting into their value.
Frequently Asked Questions
What counts as a "judgment" under Rule 54?
Any decree or order an appeal can be taken from — but it doesn't include the recitals of the pleadings, a commissioner's report, or the record of prior proceedings.
Can a court enter final judgment on just one claim in a multi-claim case?
Yes, but only if the court expressly determines there's no just reason for delay; otherwise the partial order remains revisable until every claim and every party's rights are resolved.
Can a default judgment award more than what the complaint asked for?
No. A default judgment can't differ in kind from, or exceed in amount, what the pleadings demanded.
How do I claim attorney fees after winning a case?
By motion, filed no later than 14 days after judgment, specifying the legal basis for the fees and the amount sought or a fair estimate of it — unless the underlying law requires fees to be proven at trial as an element of damages.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 54). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: final judgment multiple claimsno just reason for delaytaxing costsattorney fees motion