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Rule 54 – Judgments; Costs

May 14, 2021 | Civil Procedure, Ohio

(A) Definition; Form. “Judgment” as used in these rules means a written entry ordering or declining to order a form of relief, signed by a judge, and journalized on the docket of the court.
(B) Judgment upon multiple claims 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 whether arising out of the same or separate transactions, or when multiple parties are involved, the court may enter final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay. In the absence of a determination that there is no just reason for delay, 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 the relief in the pleadings.
(D) Costs. Except when express provision therefor is made either in a statute or in these rules, costs shall be allowed to the prevailing party unless the court otherwise directs.
(E)Attorney Fees. Whenever a provision of these rules authorizes a court to award attorney fees, including attorney fees described in the provision as “caused” or “incurred,” the court may award the reasonable value of the services performed by the attorney, whether or not the party represented by that attorney actually paid or is obligated to pay the attorney for such services performed.

Ohio. Civ.R. 54

Effective:July 1, 1970; amended effective July 1, 1989;July 1, 1992;July 1, 1994;July 1, 1996;July 1, 2016; amended April 24, 2019, effective July 1, 2019.

Proposed Staff Notes (2019 Amendment)

Division (A)

The amendment to division (A) deletes the circular reference to the final-order statute, which often could not be reconciled with how the term “judgment” is used in the civil rules or with evolving final-order jurisprudence. Not every judgment constitutes a final order, and some judgments are final under statutes other than R.C. 2505.02. The amendment now places the finality analysis squarely on the apposite statutes, where it rightly belongs.

The amendment also deletes the last sentence of the rule, which unnecessarily circumscribed the contents of a judgment. The original purpose of this language appears, at least in part, to be to distinguish between decisions (which “announce[] what the judgment will be”) and judgments (which “unequivocally order[] the relief”). See, e.g., Downard v. Gilliland, 4th Dist. Jackson No. 10CA2, 2011-Ohio-1783, ΒΆ 11, citing St. Vincent Charity Hosp. v. Mintz, 33 Ohio St.3d 121, 123, 515 N.E.2d 917 (1987). The amendment now specifies that a judgment must order or decline to order a form of relief; what a judgment includes beyond that requirement should be left in the discretion of the issuing court.

Staff Notes (July 1, 2016 Amendment)

A new division (E) is added to address awards of attorney fees. The purpose of the new division is to supersede any application of the decision in State ex rel. Citizens for Open, Responsive & Accountable Govt. v. Register, 116 Ohio St.3d 88, 2007-Ohio-5542 to an award of attorney fees under the rules by specifying that when any provision of the rules authorizes an award of attorney fees, the court may award the reasonable value of the services performed by the attorney, whether or not the party actually paid or is obligated to pay the attorney for such services. The heading of the rule is also amended to indicate that, in addition to “Judgments” and “Cost,” the rule now also addresses the separate subject of “Attorney Fees.”

Staff Note (July 1, 1996 Amendment)

Rule 54(A) Definition; Form

The amendment changed the rule’s reference from “report of a referee” to “magistrate’s decision” in division (A) in order to harmonize the rule with the language adopted in the 1995 amendments to Civ. R. 53. The amendment is technical only and no substantive change is intended.