NRCP

NRCP 54 – JUDGMENTS; ATTORNEY FEES

RULE 54. JUDGMENTS; ATTORNEY FEES

  • (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 Involving Multiple Parties. When multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the 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 the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the rights and liabilities of all the parties.
    [As amended; effective January 1, 2005.]

    (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 that where the prayer is for damages in excess of $10,000 the judgment shall be in such amount as the court shall determine. 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.
    [As amended; effective January 1, 2005.]

    (d) Attorney Fees.

    (1) Reserved.

    (2) Attorney Fees.

    (A) Claim to Be by Motion. A claim for attorney fees must be made by motion. The district court may decide the motion despite the existence of a pending appeal from the underlying final judgment.
    [Added; effective May 1, 2009.]

    (B) Timing and Contents of the Motion. Unless a statute provides otherwise, the motion must be filed no later than 20 days after notice of entry of judgment is served; specify the judgment and the statute, rule, or other grounds entitling the movant to the award; state the amount sought or provide a fair estimate of it; and be supported by counsel’s affidavit swearing that the fees were actually and necessarily incurred and were reasonable, documentation concerning the amount of fees claimed, and points and authorities addressing appropriate factors to be considered by the court in deciding the motion. The time for filing the motion may not be extended by the court after it has expired.
    [Added; effective May 1, 2009.]

    (C) Exceptions. Subparagraphs (A)-(B) do not apply to claims for fees and expenses as sanctions pursuant to a rule or statute, or when the applicable substantive law requires attorney fees to be proved at trial as an element of damages.
    [Added; effective May 1, 2009.]

  • Drafter’s Note

    2004 Amendment

    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.