Arizona

Civil Procedure

Civil Procedure

Rule 54 – Judgment; Costs; Attorney’s Fees; Form of Proposed Judgments

(a) Judgment and Decision Defined. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master’s report, or a record of earlier proceedings. For purposes of this rule, a “decision” is a written order, ruling, or minute entry that adjudicates at least one claim or defense.
(b) Judgment on Multiple Claims or Involving Multiple Parties. If an action presents more than one claim for relief-whether as a claim, counterclaim, crossclaim, or third-party claim-or if multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines there is no just reason for delay and recites that the judgment is entered under Rule 54(b). If there is no such express determination and recital, any decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.
(c) Judgment as to All Claims and Parties. A judgment as to all claims and parties is not final unless the judgment recites that no further matters remain pending and that the judgment is entered under Rule 54(c).
(d) Demand for Judgment; Relief to Be Granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
(e) Entry of Judgment After Party’s Death. Judgment may be entered on a verdict or decision after a party’s death on an issue of fact rendered while the party was alive.
(f) Request for Costs.

(1)Time for Filing Request if a Motion for Attorney’s Fees Is Filed. If a party seeking costs also seeks an award of attorney’s fees, a verified request for an award of taxable costs under A.R.S. § 12-332 must be filed on the same day the party files its motion for attorney’s fees under Rule 54(g).
(2)Time for Filing Request if No Motion for Attorney’s Fees Is Filed. If a party seeking costs does not seek an award of attorney’s fees under Rule 54(g), a verified request for costs must be filed within the time set forth below:

(A)Rule 54(c) Judgments. If a decision adjudicates all claims and liabilities of all of the parties and judgment is to be entered under Rule 54(c), any request for costs must be filed within 20 days after the decision is filed, or by such other date as the court may order.
(B)Decisions Subject to Rule 54(b) -Adjudicating All Claims and Liabilities of Any Party. If a decision adjudicates all claims and liabilities of any party:

(i) If that party or another party moves for entry of judgment under Rule 54(b), or includes Rule 54(b) language in a proposed form of judgment, a prevailing party seeking costs must file a verified request for an award of taxable costs under A.R.S. § 12-332 within 20 days after service of the motion or proposed form of judgment seeking Rule 54(b) treatment, or by such other date as the court may order.
(ii) If the court declines to enter judgment under Rule 54(b), or no party seeks entry of judgment under Rule 54(b), a prevailing party seeking costs must file a verified request for costs no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action’s dismissal, whichever occurs first.
(C)Decisions Subject to Rule 54(b) -Adjudicating Fewer Than All Claims and Liabilities of a Party. If a decision or judgment adjudicates fewer than all claims and liabilities of a party, a prevailing party seeking costs must file a verified request for costs no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action’s dismissal, whichever occurs first.
(3)Response and Reply. A party opposing a request for costs must file a response within 5 days after the request is served. Any reply must be filed within 5 days after the response is served.
(g) Attorney’s Fees.

(1)Generally. A claim for attorney’s fees must be made in the pleadings or in a Rule 12 motion filed before the movant’s responsive pleading.
(2)Time for Filing Motion–Rule 54(c) Judgments. If a decision adjudicates all claims and liabilities of all of the parties, except a claim for attorney’s fees and judgment is to be entered under Rule 54(c), any motion for attorney’s fees must be filed within 20 days after the decision is filed, or by such other date as the court may order.
(3)Time for Filing Motion–Decisions Subject to Rule 54(b).

(A)Adjudicating All Claims and Liabilities of Any Party. If a decision adjudicates all claims and liabilities of any party:

(i) If that party or another party moves for entry of judgment under Rule 54(b), or includes Rule 54(b) language in a proposed form of judgment, a motion for fees must be filed within 20 days after service of the motion or proposed form of judgment seeking Rule 54(b) treatment, or by such other date as the court may order.
(ii) If the court declines to enter judgment under Rule 54(b), or no party seeks entry of judgment under Rule 54(b), a motion for fees must be filed no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action’s dismissal, whichever occurs first.
(B)Adjudicating Fewer Than All Claims and Liabilities of a Party. If a decision or judgment adjudicates fewer than all claims and liabilities of a party, a motion for fees must be filed no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action’s dismissal, whichever occurs first.
(4)Motion and Proceedings. Unless a statute or court order provides otherwise, a motion for attorney’s fees must be supported by affidavit and is governed by Rule 7.1. The movant’s affidavit must disclose the terms of any fee agreement for the services for which the claim is made.
(h) Proposed Forms of Judgment.

(1)Including Costs and Fees in Judgment. Except as otherwise allowed by this rule:

(A) claims for attorney’s fees and costs must be resolved before any judgment may be entered under Rule 54(b) or (c); and
(B) any award of attorney’s fees or costs must be included in the judgment.
(2)Form of Judgment. When a judgment is required to include fees or costs:

(A) If fees are requested, the form of judgment must either state the specific sum of attorney’s fees awarded by the court, or must include a blank in the form of judgment to allow the court to include an amount for any attorney’s fees.
(B) If costs are requested, the form of judgment must either state the specific sum of costs awarded by the court, or must include a blank in the form of judgment to allow the court to include an amount for costs.
(C) If the court enters a judgment under Rule 54(b) or (c) without first receiving a motion for judgment or a proposed form of judgment, a prevailing party seeking costs and/or fees must file a motion to alter or amend the judgment within the time required by Rule 59(d).
(i) Scope; Jurisdiction.

(1)Scope. Rules 54(f) and (g) do not apply to claims for taxable costs and attorney’s fees that may be awarded as sanctions under a statute or rule, or if the substantive law requires fees to be proved at trial as an element of damages.
(2)Jurisdiction. If a judgment certified under Rule 54(b) adjudicates fewer than all of the claims and liabilities of any party, the court retains jurisdiction:

(A) to award costs with respect to that judgment, if a request for costs is timely filed under Rule 54(f); and
(B) to award attorney’s fees with respect to that judgment, if a motion for fees is timely filed under Rule 54(g).

Ariz. R. Civ. P. 54

Amended August 31, 2017, effective January 1, 2018.

Comment

2017 Amendments

In addition to stylistic and organizational changes, the 2017 amendments make several clarifying and substantive changes to the rule:

Rule 54(a). The former rule is clarified to define the term “decision,” which is used elsewhere in the rule.

Rule 54(f).The former rule did not require costs to be included in a judgment, and allowed a party seeking costs to file a request for costs within 10 days after entry of judgment. Under the amended rule, a prevailing party seeking both fees and costs must file its request for costs at the same time as its motion for attorney’s fees under Rule 54(g). [Rule 54(f)(1) ] In other cases, if the decision adjudicates all claims in the case and judgment is to be entered under Rule 54(c), a request for costs must be filed within 20 days after the decision is filed. [54(f)(2)(A)] For decisions subject to Rule 54(b), the time for requesting costs differs according to whether the decision adjudicates all claims or liabilities of a party, or adjudicates fewer than all claims or liabilities of a party. [Cf. Rule 54(f)(2)(B) with 54(f)(2)(C)] If a decision subject to Rule 54(b) adjudicates all claims or liabilities of a party (with the result that the party would effectively be out of the case), a request for costs must be filed within 20 days after any motion or proposed form of judgment seeking entry of judgment under Rule 54(b) is served. [Rule 54(f)(2)(B)(i) ] If the court declines to grant Rule 54(b) treatment, or if no party seeks Rule 54(b) certification, then the request for costs may be deferred until the conclusion of the action. [Rule 54(f)(2)(B)(ii) ] Similarly, if a decision or judgment subject to Rule 54(b) does not adjudicate all claims or liabilities of a party, the prevailing party may defer seeking costs until the conclusion of the action. [Rule 54(f)(2)(C) (request must be filed “no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action’s dismissal, whichever occurs first”)] Rule 54(f)(2)(D) is amended to provide for a response and a reply to a request for costs.

Rule 54(g). Rule 54(g)(1) is amended to provide that a claim for attorney’s fees must be made in the pleadings “or in a Rule 12 motion filed before the movant’s responsive pleading.” The new language codifies the holding of Balestrieri v. Balestrieri, 232 Ariz. 25, 27, 300 P.3d 560, 562 (App. 2013) (fee request made in a motion to dismiss, in lieu of a responsive pleading, satisfied the rule’s requirement). Rule 54(g)(4) is amended to require that a movant’s affidavit “must disclose the terms of any fee agreement for the services for which the claim is made.”

The amendments to subdivision (g) also alter the deadline for filing a motion for attorney’s fees, similar to the Rule 54(f) amendments governing the time for requesting costs. Former Rule 54(g)(1) provided that a “motion for attorneys’ fees shall be filed within 20 days from the clerk’s mailing of a decision on the merits of the cause,” without distinguishing between decisions that result in a final judgment under Rules 54(b) or (c), and those decisions that do not result in such a judgment. The amended rule provides that if a decision adjudicates all claims in the action and judgment is to be entered under Rule 54(c), a motion for fees must be filed within 20 days after the decision is filed. [Rule 54(g)(2) ] If a decision subject to Rule 54(b) adjudicates all claims or liabilities of a party, a motion for attorney’s fees must be filed within 20 days after any motion or proposed form of judgment seeking entry of judgment under Rule 54(b) is served. [Rule 54(g)(3)(A)(i) ] If the court declines to enter judgment under Rule 54(b), or if no party seeks entry of judgment under Rule 54(b), then the motion for fees may be deferred until the conclusion of the action. [Rule 54(g)(3)(A)(ii) (motion must be filed “no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the actions dismissal, whichever occurs first.”] Similarly, if a decision subject to Rule 54(b) adjudicates fewer than all claims or liabilities of a party, the motion for fees also may be deferred until the conclusion of the action. [Rule 54(g)(3)(B) ]

Rule 54(h). New subdivision (h) is added, incorporating portions of former Rule 58 governing forms of judgment. Except where the rule expressly allows a motion for fees or request for costs to be deferred, subdivision (h)(1)(A) requires that claims for attorney’s fees and costs must be resolved before judgment is entered. The amount of any such costs and fees must be included in the judgment. [Rule 54(h)(1)(B) ] Any proposed form of judgment must either state the amount of fees or costs awarded by the court, or include a blank where those amounts can be added by the court. [Rule 54(h)(2)(A) and (B) ] In the rare instance where a court enters a judgment that should include fees or costs without first receiving a motion for judgment or a proposed form of judgment, Rule 54(h)(2)(C) clarifies that a prevailing party may move to alter or amend the judgment to include omitted fees or costs within the time allowed by Rule 59(d). Absent a timely motion under Rule 59(d), a judgment omitting fees or costs will be final for purposes of appeal.