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Rule 54 – Judgments; Costs

May 14, 2021 | Civil Procedure, Vermont

(a) Definition; Form; Amount. “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. In an action where monetary relief is awarded, the amount of the judgment shall include the principal amount found to be due, all interest accrued on that amount up to and including the date of entry of judgment, and all costs allowed to the prevailing party.
(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, 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 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; Attorney’s Fees.

(1)Costs other than Attorneys’ Fees. Costs other than attorneys’ fees shall be allowed as of course to the prevailing party, as provided by statute and by these rules, unless the court otherwise specifically directs. Costs shall be taxed against the State of Vermont only to the extent permitted by law.
(2)Attorneys’ Fees.

(A) Claims for attorneys’ fees for services rendered in connection with a pending action, and related nontaxable expenses, shall be made by motion in the action unless the applicable substantive law provides for the recovery of such fees as an element of damages to be proved at trial or in an independent action.
(B) Unless otherwise provided by statute or order of the court, the motion must be filed and served no later than 14 days after entry of judgment; must specify the judgment and the statute, rule or other grounds entitling the moving party to the award; and must state the amount or provide a fair estimate of the amount sought.
(C) On request of a party or class member, the court shall afford an opportunity for adversary submissions with respect to the motion in accordance with Rule 43(e) or Rule 78. The court may determine issues of liability for fees before receiving submissions bearing on issues of evaluation of services for which liability is imposed by the court. The court shall find the facts and state its conclusions of law as provided in Rule 52(a), and a separate judgment shall be entered as provided in Rule 58.
(D) The court shall, insofar as possible, resolve issues relating to fees without extensive evidentiary hearings and may refer issues relating to the value of services or other items recoverable under this rule to a master under Rule 53 without regard to the provisions of paragraph (2) of subdivision (b) thereof.
(E) The provisions of subparagraphs (A) through (D) do not apply to claims for fees and expenses as sanctions for violations of these rules.
(e) Taxation of Costs. Costs shall be taxed by the clerk, and upon notice when the adverse party has appeared in person or by attorney. A party objecting to the clerk’s taxation may appeal to the Presiding Judge, setting forth in writing the items objected to, with the party’s objections.
(f) Costs in Trustee Cases.

(1) In trustee cases, costs will be taxed as follows:

Counsel fee for each term, $3.00.

Counsel fee on actual hearing before the court, $5.00.

Disclosures and answers, 15 cents per folio, but in no case less than $1.00.

Attendance of counsel before commissioners, $2.00 per day.

Attendance of trustees before commissioners, 6 cents per mile travel and $2.00 per day.

Counsel fee on jury trial, from $10.00 to $20.00.

(2) Costs are not to be allowed trustees after the question of their liability is determined, for awaiting the determination of the suit against the principal debtor.
(3) Members of a firm summoned as trustees in their partnership capacity shall be allowed costs as of only one trustee, except for actual and necessary travel and attendance.
(4) When a material fact in a disclosure or an answer is denied by the plaintiff and found against the trustee, and the trustee shall be held chargeable by reason thereof, costs subsequent to such disclosure or answer shall not be allowed the trustee.
(g) Costs on Depositions. The taxing 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 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 stenographer’s reasonable fee for attendance, and the cost of the original transcript of the testimony or such part thereof as the court may fix.

V.R.C.P. 54

Amended Dec. 11, 1980, eff. Feb. 2, 1981; Feb. 22, 1996, eff. July 1, 1996.