Print Version
Previous PageFile uploaded: 1/10/2019
Rule 54

This rule was superseded on 11/1/2011. The current version of this rule is found at this page.

Rule 54. Judgments; costs.

(a) Definition; form. "Judgment" as used in theserules includes a decree and any order from which an appeal lies. A judgmentneed not contain a recital of pleadings, the report of a master, or the recordof prior proceedings. Judgments shall state whether they are entered upontrial, stipulation, motion or the court's initiative; and, unless otherwisedirected by the court, a judgment shall not include any matter by reference.

(b) Judgment upon multiple claims and/or involving multipleparties. When more than one claim for relief is presented in an action, whetheras a claim, counterclaim, cross claim, or third party claim, and/or whenmultiple parties are involved, the court may direct the entry of a finaljudgment as to one or more but fewer than all of the claims or parties onlyupon an express determination by the court that there is no just reason fordelay and upon an express direction for the entry of judgment. In the absenceof such determination and direction, any order or other form of decision,however designated, that adjudicates fewer than all the claims or the rightsand liabilities of fewer than all the parties shall not terminate the action asto any of the claims or parties, and the order or other form of decision issubject to revision at any time before the entry of judgment adjudicating allthe claims and the rights and liabilities of all the parties.

(c) Demand for judgment.

(c)(1) Generally. Except as to a party against whom ajudgment is entered by default, every final judgment shall grant the relief towhich the party in whose favor it is rendered is entitled, even if the partyhas not demanded such relief in his pleadings. It may be given for or againstone or more of several claimants; and it may, when the justice of the caserequires it, determine the ultimate rights of the parties on each side asbetween or among themselves.

(c)(2) Judgment by default. A judgment by default shall notbe different in kind from, or exceed in amount, that specifically prayed for inthe demand for judgment.

(d) Costs.

(d)(1) To whom awarded. Except when express provisiontherefor is made either in a statute of this state or in these rules, costsshall be allowed as of course to the prevailing party unless the courtotherwise directs; provided, however, where an appeal or other proceeding forreview is taken, costs of the action, other than costs in connection with suchappeal or other proceeding for review, shall abide the final determination ofthe cause. Costs against the state of Utah, its officers and agencies shall beimposed only to the extent permitted by law.

(d)(2) How assessed. The party who claims his costs mustwithin five days after the entry of judgment serve upon the adverse partyagainst whom costs are claimed, a copy of a memorandum of the items of hiscosts and necessary disbursements in the action, and file with the court a likememorandum thereof duly verified stating that to affiant's knowledge the itemsare correct, and that the disbursements have been necessarily incurred in theaction or proceeding. A party dissatisfied with the costs claimed may, withinseven days after service of the memorandum of costs, file a motion to have thebill of costs taxed by the court.

A memorandum of costs served and filed after the verdict, orat the time of or subsequent to the service and filing of the findings of factand conclusions of law, but before the entry of judgment, shall nevertheless beconsidered as served and filed on the date judgment is entered.

(e) Interest and costs to be included in the judgment. Theclerk must include in any judgment signed by him any interest on the verdict ordecision from the time it was rendered, and the costs, if the same have beentaxed or ascertained. The clerk must, within two days after the costs have beentaxed or ascertained, in any case where not included in the judgment, insertthe amount thereof in a blank left in the judgment for that purpose, and make asimilar notation thereof in the register of actions and in the judgment docket.