FEDERAL RULES OF CIVILPROCEDURE
VII. Judgment
Rule 54 Judgments; Costs
(a) Definition; Form."Judgment" as used in these rules includes a decree andany order from which an appeal lies. A judgment shall not containa recital of pleadings, the report of a master, or the record ofprior proceedings.
(b) Judgment Upon MultipleClaims or Involving Multiple Parties. When more than oneclaim for relief is presented in an action, whether as a claim,counterclaim, cross-claim, or third-party claim, or when multipleparties are involved, the court may direct the entry of a finaljudgment as to one or more but fewer than all of the claims orparties only upon an express determination that there is no justreason for delay and upon an express direction for the entry ofjudgment. In the absence of such determination and direction, anyorder or other form of decision, however designated, whichadjudicates fewer than all the claims or the rights andliabilities of fewer than all the parties shall not terminate theaction as to any of the claims or parties, and the order or otherform of decision is subject to revision at any time before theentry of judgment adjudicating all the claims and the rights andliabilities of all the parties.
(c) Demand for Judgment. Ajudgment by default shall not be different in kind from or exceedin amount that prayed for in the demand for judgment. Except asto a party against whom a judgment is entered by default, everyfinal judgment shall grant the relief to which the party in whosefavor it is rendered is entitled, even if the party has notdemanded such relief in the party's pleadings.
(d) Costs; Attorneys' Fees.
(1) Costs Other than Attorneys'Fees. Except when express provision therefor is made eitherin a statute of the United States or in these rules, costs otherthan attorneys' fees shall be allowed as of course to theprevailing party unless the court otherwise directs; but costsagainst the United States, its officers, and agencies shall beimposed only to the extent permitted by law. Such costs may betaxed by the clerk on one day's notice. On motion served within 5days thereafter, the action of the clerk may be reviewed by thecourt.
(2) Attorneys' Fees.
(A) Claims for attorneys'fees and related nontaxable expenses shall be made by motionunless the substantive law governing the action provides for therecovery of such fees as an element of damages to be proved attrial.
(B) Unless otherwiseprovided by statute or order of the court, the motion must befiled and served no later than 14 days after entry of judgment;must specify the judgment and the statute, rule, or other groundsentitling the moving party to the award; and must state theamount or provide a fair estimate of the amount sought. Ifdirected by the court, the motion shall also disclose the termsof any agreement with respect to fees to be paid for the servicesfor which claim is made.
(C) On request of a partyor class member, the court shall afford an opportunity foradversary submissions with respect to the motion in accordancewith Rule43(e) or Rule 78. The court may determine issues ofliability for fees before receiving submissions bearing on issuesof evaluation of services for which liability is imposed by thecourt. The court shall find the facts and state its conclusionsof law as provided in Rule 52(a), and a judgment shall be set forth in a separatedocument as provided in Rule 58.
(D) By local rule the courtmay establish special procedures by which issues relating to suchfees may be resolved without extensive evidentiary hearings. Inaddition, the court may refer issues relating to the value ofservices to a special master under Rule 53 without regard to the provisions of subdivision (b)thereof and may refer a motion for attorneys' fees to amagistrate judge under Rule 72(b) as if it were a dispositive pretrial matter.
(E) The provisions ofsubparagraphs (A) through (D) do not apply to claims for fees andexpenses as sanctions for violations of these rules or under 28U.S.C. § 1927.
[As amended Dec. 27, 1946, eff.Mar. 19, 1948; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987,eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1,1993.]
