Rule 54 – Judgment – Costs.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

(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 Upon Multiple Claims or Involving Multiple Parties. When more than one (1) claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one (1) or more but fewer than all of the claims or 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 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. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. 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.
(d) Allowance of Costs. Costs shall be allowed as of course to the prevailing party as provided by statute and by these rules unless the court otherwise specifically directs.
(e) Taxation of Costs.

(1) With Notice. Costs may be taxed by the court upon five (5) days’ notice. A copy of the bill of costs, specifying the items in detail, and a copy of any supporting affidavits shall be served with the notice.
(2) Without Notice. Costs may be taxed without notice by the clerk upon inspection of the proceedings and files. A party who has obtained taxation of costs without notice shall immediately thereafter serve upon the adverse party notice of the items so taxed. Within five (5) days after such service, any such adverse party may serve notice of retaxation of costs by the court upon five (5) days’ notice to the party who has obtained taxation of costs, specifying the items as to which retaxation is sought.
(f) Costs on Depositions. The taxation of costs in the taking of depositions shall be subject to the discretion of the court. No costs shall be allowed unless the court finds that the taking of the deposition was reasonably necessary, whether or not the deposition was actually used at the trial. Taxable costs may include the cost of service of subpoena upon the deponent, the reasonable fee of the officer before whom the deposition is taken, the fees and mileage allowances of witnesses, the stenographer’s reasonable fee for attendance, and the cost of the transcript of the testimony or such part thereof as the court may fix.

R.I. Fam. Ct. R. Dom. Rel. P. 54