Rule 54. Judgments; costs.
(a) Definition; form.
"Judgment" as used in these rules includes a decree and any order
from which an appeal lies. A judgment need not contain a recital of pleadings,
the report of a master, or the record of prior proceedings. Judgments shall
state whether they are entered upon trial, stipulation, motion or the court's
initiative; and, unless otherwise directed by the court, a judgment shall not
include any matter by reference.
(b) Judgment upon multiple
claims and/or involving multiple parties. When more than one claim for
relief is presented in an action, whether as a claim, counterclaim, cross
claim, or third party claim, and/or 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 claims or parties only upon an express determination by the court
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, that 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.
(c)(1) Generally.
Except as to a party against whom a judgment is entered by default, and except
as provided in Rule 8(a), 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 his pleadings. It may be given for or against one or
more of several claimants; and it may, when the justice of the case requires
it, determine the ultimate rights of the parties on each side as between or
among themselves.
(c)(2) Judgment
by default. A judgment by default shall not be different in kind from, or
exceed in amount, that specifically prayed for in the demand for judgment.
(d) Costs.
(d)(1) To whom
awarded. Except when express provision therefor
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; provided, however, where an appeal or other proceeding for review is
taken, costs of the action, other than costs in connection with such appeal or
other proceeding for review, shall abide the final determination of the cause.
Costs against the state of Utah, its officers and agencies shall be imposed
only to the extent permitted by law.
(d)(2) How
assessed. The party who claims his costs must within five days after the
entry of judgment serve upon the adverse party against whom costs are claimed,
a copy of a memorandum of the items of his costs and necessary disbursements in
the action, and file with the court a like memorandum thereof duly verified
stating that to affiant's knowledge the items are correct, and that the
disbursements have been necessarily incurred in the action or proceeding. A
party dissatisfied with the costs claimed may, within seven days after service
of the memorandum of costs, file a motion to have the bill of costs taxed by
the court.
A memorandum of costs served and filed after the verdict, or at the
time of or subsequent to the service and filing of the findings of fact and
conclusions of law, but before the entry of judgment, shall nevertheless be
considered as served and filed on the date judgment is entered.
(e) Interest and costs to be
included in the judgment. The clerk must include in any judgment signed by
him any interest on the verdict or decision from the time it was rendered, and
the costs, if the same have been taxed or ascertained. The clerk must, within
two days after the costs have been taxed or ascertained, in any case where not
included in the judgment, insert the amount thereof in a blank left in the
judgment for that purpose, and make a similar notation thereof in the register
of actions and in the judgment docket.