28 USC App Fed R Civ P Rule 54: Judgments; Costs
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28 USC App Fed R Civ P Rule 54: Judgments; Costs
From Title 28-AppendixFEDERAL RULES OF CIVIL PROCEDUREVII. JUDGMENT

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 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 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) Costs; Attorneys' Fees.

(1) Costs Other than Attorneys' Fees. Except when express provision therefor is made either in a statute of the United States or in these rules, costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Such costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court.

(2) Attorneys' Fees.

(A) Claims for attorneys' fees and related nontaxable expenses shall be made by motion unless the substantive law governing the action provides for the recovery of such fees as an element of damages to be proved at trial.

(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. If directed by the court, the motion shall also disclose the terms of any agreement with respect to fees to be paid for the services for which claim is made.

(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 judgment shall be set forth in a separate document as provided in Rule 58.

(D) By local rule the court may establish special procedures by which issues relating to such fees may be resolved without extensive evidentiary hearings. In addition, the court may refer issues relating to the value of services to a special master under Rule 53 without regard to the provisions of subdivision (b) thereof and may refer a motion for attorneys' fees to a magistrate judge under Rule 72(b) as if it were a dispositive pretrial matter.

(E) The provisions of subparagraphs (A) through (D) do not apply to claims for fees and expenses as sanctions for violations of these rules or under 28 U.S.C. §1927.

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.)

Notes of Advisory Committee on Rules-1937

Note to Subdivision (a). The second sentence is derived substantially from [former] Equity Rule 71 (Form of Decree).

Note to Subdivision (b). This provides for the separate judgment of equity and code practice. See Wis.Stat. (1935) §270.54; Compare N.Y.C.P.A. (1937) §476.

Note to Subdivision (c). For the limitation on default contained in the first sentence, see 2 N.D.Comp.Laws Ann. (1913) §7680; N.Y.C.P.A. (1937) §479. Compare English Rules Under the Judicature Act (The Annual Practice, 1937) O. 13, r.r. 3–12. The remainder is a usual code provision. It makes clear that a judgment should give the relief to which a party is entitled, regardless of whether it is legal or equitable or both. This necessarily includes the deficiency judgment in foreclosure cases formerly provided for by Equity Rule 10 (Decree for Deficiency in Foreclosures, Etc.).

Note to Subdivision (d). For the present rule in common law actions, see Ex parte Peterson, 253 U.S. 300, 40 S.Ct. 543, 64 L.Ed. 919 (1920); Payne, Costs in Common Law Actions in the Federal Courts (1935), 21 Va.L.Rev. 397.

The provisions as to costs in actions in forma pauperis contained in U.S.C., Title 28, §§832–836 [now 1915] are unaffected by this rule. Other sections of U.S.C., Title 28, which are unaffected by this rule are: §§815 [former] (Costs; plaintiff not entitled to, when), 821 [now 1928] (Costs; infringement of patent; disclaimer), 825 (Costs; several actions), 829 [now 1927] (Costs; attorney liable for, when), and 830 [now 1920] (Costs; bill of; taxation).

The provisions of the following and similar statutes as to costs against the United States and its officers and agencies are specifically continued:


 U.S.C., Title 15, §§77v(a), 78aa, 79y (Securities and Exchange Commission)

 U.S.C., Title 16, §825p (Federal Power Commission)

 U.S.C., Title 26, [former] §§1569(d) and 1645(d) (Internal revenue actions)

 U.S.C., Title 26, [former] §1670(b)(2) (Reimbursement of costs of recovery against revenue officers)

 U.S.C., Title 28, [former] §817 (Internal revenue actions)

 U.S.C., Title 28, §836 [now 1915] (United States-actions in forma pauperis)

 U.S.C., Title 28, §842 [now 2006] (Actions against revenue officers)

 U.S.C., Title 28, §870 [now 2408] (United States-in certain cases)

 U.S.C., Title 28, [former] §906 (United States-foreclosure actions)

 U.S.C., Title 47, §401 (Communications Commission)


The provisions of the following and similar statutes as to costs are unaffected:


 U.S.C., Title 7, §210(f) (Actions for damages based on an order of the Secretary of Agriculture under Stockyards Act)

 U.S.C., Title 7, §499g(c) (Appeals from reparations orders of Secretary of Agriculture under Perishable Commodities Act)

 U.S.C., Title 8, [former] §45 (Action against district attorneys in certain cases)

 U.S.C., Title 15, §15 (Actions for injuries due to violation of antitrust laws)

 U.S.C., Title 15, §72 (Actions for violation of law forbidding importation or sale of articles at less than market value or wholesale prices)

 U.S.C., Title 15, §77k (Actions by persons acquiring securities registered with untrue statements under Securities Act of 1933)

 U.S.C., Title 15, §78i(e) (Certain actions under the Securities Exchange Act of 1934)

 U.S.C., Title 15, §78r (Similar to 78i(e))

 U.S.C., Title 15, §96 (Infringement of trade-mark-damages)

 U.S.C., Title 15, §99 (Infringement of trade-mark-injunctions)

 U.S.C., Title 15, §124 (Infringement of trade-mark-damages)

 U.S.C., Title 19, §274 (Certain actions under customs law)

 U.S.C., Title 30, §32 (Action to determine right to possession of mineral lands in certain cases)

 U.S.C., Title 31, §§232 [now 3730] and [former] 234 (Action for making false claims upon United States)

 U.S.C., Title 33, §926 (Actions under Harbor Workers' Compensation Act)

 U.S.C., Title 35, §67 [now 281, 284] (Infringement of patent-damages)

 U.S.C., Title 35, §69 [now 282] (Infringement of patent-pleading and proof)

 U.S.C., Title 35, §71 [now 288] (Infringement of patent-when specification too broad)

 U.S.C., Title 45, §153p (Actions for non-compliance with an order of National R. R. Adjustment Board for payment of money)

 U.S.C., Title 46, [former] §38 (Action for penalty for failure to register vessel)

 U.S.C., Title 46, §829 (Action based on non-compliance with an order of Maritime Commission for payment of money)

 U.S.C., Title 46, §941 [now 31304] (Certain actions under Ship Mortgage Act)

 U.S.C., Title 46, §1227 (Actions for damages for violation of certain provisions of the Merchant Marine Act, 1936)

 U.S.C., Title 47, §206 (Actions for certain violations of Communications Act of 1934)

 U.S.C., Title 49, §16(2) [see 11704, 15904] (Action based on non-compliance with an order of I. C. C. for payment of money)

Notes of Advisory Committee on Rules-1946 Amendment

The historic rule in the federal courts has always prohibited piecemeal disposal of litigation and permitted appeals only from final judgments except in those special instances covered by statute. Hohorst v. Hamburg-American Packet Co. (1893) 148 U.S. 262; Rexford v. Brunswick-Balke-Collender Co. (1913) 228 U.S. 339; Collins v. Miller (1920) 252 U.S. 364. Rule 54(b) was originally adopted in view of the wide scope and possible content of the newly created "civil action" in order to avoid the possible injustice of a delay in judgment of a distinctly separate claim to await adjudication of the entire case. It was not designed to overturn the settled federal rule stated above, which, indeed, has more recently been reiterated in Catlin v. United States (1945) 324 U.S. 229. See also United States v. Florian (1941) 312 U.S. 656, rev'g (and restoring the first opinion in) Florian v. United States (C.C.A.7th, 1940) 114 F.(2d) 990; Reeves v. Beardall (1942) 316 U.S. 283.

Unfortunately, this was not always understood, and some confusion ensued. Hence situations arose where district courts made a piecemeal disposition of an action and entered what the parties thought amounted to a judgment, although a trial remained to be had on other claims similar or identical with those disposed of. In the interim the parties did not know their ultimate rights, and accordingly took an appeal, thus putting the finality of the partial judgment in question. While most appellate courts have reached a result generally in accord with the intent of the rule, yet there have been divergent precedents and division of views which have served to render the issues more clouded to the parties appellant. It hardly seems a case where multiplicity of precedents will tend to remove the problem from debate. The problem is presented and discussed in the following cases: Atwater v. North American Coal Corp. (C.C.A.2d, 1940) 111 F.(2d) 125; Rosenblum v. Dingfelder (C.C.A.2d, 1940) 111 F.(2d) 406; Audi-Vision, Inc. v. RCA Mfg. Co., Inc. (C.C.A.2d, 1943) 136 F.(2d) 621; Zalkind v. Scheinman (C.C.A.2d, 1943) 139 F.(2d) 895; Oppenheimer v. F. J. Young & Co., Inc. (C.C.A.2d, 1944) 144 F.(2d) 387; Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp. (C.C.A.2d, 1946) 154 F.(2d) 814, cert. den. (1946) 66 S.Ct. 1353; Zarati Steamship Co. v. Park Bridge Corp. (C.C.A.2d, 1946) 154 F.(2d) 377; Baltimore and Ohio R. Co. v. United Fuel Gas Co. (C.C.A.4th, 1946) 154 F.(2d) 545; Jefferson Electric Co. v. Sola Electric Co. (C.C.A.7th, 1941) 122 F.(2d) 124; Leonard v. Socony-Vacuum Oil Co. (C.C.A.7th, 1942) 130 F.(2d) 535; Markham v. Kasper (C.C.A.7th, 1945) 152 F.(2d) 270; Hanney v. Franklin Fire Ins. Co. of Philadelphia (C.C.A.9th, 1944) 142 F.(2d) 864; Toomey v. Toomey (App.D.C. 1945) 149 F.(2d) 19.

In view of the difficulty thus disclosed, the Advisory Committee in its two preliminary drafts of proposed amendments attempted to redefine the original rule with particular stress upon the interlocutory nature of partial judgments which did not adjudicate all claims arising out of a single transaction or occurrence. This attempt appeared to meet with almost universal approval from those of the profession commenting upon it, although there were, of course, helpful suggestions for additional changes in language or clarification of detail. But cf. Circuit Judge Frank's dissenting opinion in Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp., supra, n. 21 of the dissenting opinion. The Committee, however, became convinced on careful study of its own proposals that the seeds of ambiguity still remained, and that it had not completely solved the problem of piecemeal appeals. After extended consideration, it concluded that a retention of the older federal rule was desirable, and that this rule needed only the exercise of a discretionary power to afford a remedy in the infrequent harsh case to provide a simple, definite, workable rule. This is afforded by amended Rule 54(b). It re-establishes an ancient policy with clarity and precision. For the possibility of staying execution where not all claims are disposed of under Rule 54(b), see amended Rule 62(h).

Notes of Advisory Committee on Rules-1961 Amendment

This rule permitting appeal, upon the trial court's determination of "no just reason for delay," from a judgment upon one or more but fewer than all the claims in an action, has generally been given a sympathetic construction by the courts and its validity is settled. Reeves v. Beardall, 316 U.S. 283 (1942); Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956); Cold Metal Process Co. v. United Engineering & Foundry Co., 351 U.S. 445 (1956).

A serious difficulty has, however, arisen because the rule speaks of claims but nowhere mentions parties. A line of cases has developed in the circuits consistently holding the rule to be inapplicable to the dismissal, even with the requisite trial court determination, of one or more but fewer than all defendants jointly charged in an action, i.e. charged with various forms of concerted or related wrongdoing or related liability. See Mull v. Ackerman, 279 F.2d 25 (2d Cir. 1960); Richards v. Smith, 276 F.2d 652 (5th Cir. 1960); Hardy v. Bankers Life & Cas. Co., 222 F.2d 827 (7th Cir. 1955); Steiner v. 20th Century-Fox Film Corp., 220 F.2d 105 (9th Cir. 1955). For purposes of Rule 54(b) it was arguable that there were as many "claims" as there were parties defendant and that the rule in its present text applied where less than all of the parties were dismissed, cf. United Artists Corp. v. Masterpiece Productions, Inc., 221 F.2d 213, 215 (2d Cir. 1955); Bowling Machines, Inc. v. First Nat. Bank, 283 F.2d 39 (1st Cir. 1960); but the Courts of Appeals are now committed to an opposite view.

The danger of hardship through delay of appeal until the whole action is concluded may be at least as serious in the multiple-parties situations as in multiple-claims cases, see Pabellon v. Grace Line, Inc., 191 F.2d 169, 179 (2d Cir. 1951), cert. denied, 342 U.S. 893 (1951), and courts and commentators have urged that Rule 54(b) be changed to take in the former. See Reagan v. Traders & General Ins. Co., 255 F.2d 845 (5th Cir. 1958); Meadows v. Greyhound Corp., 235 F.2d 233 (5th Cir. 1956); Steiner v. 20th Century-Fox Film Corp., supra; 6 Moore's Federal Practice  54.34[2] (2d ed. 1953); 3 Barron & Holtzoff, Federal Practice & Procedure §1193.2 (Wright ed. 1958); Developments in the Law-Multiparty Litigation, 71 Harv.L.Rev. 874, 981 (1958); Note, 62 Yale L.J. 263, 271 (1953); Ill.Ann.Stat. ch. 110, §50(2) (Smith-Hurd 1956). The amendment accomplishes this purpose by referring explicitly to parties.

There has been some recent indication that interlocutory appeal under the provisions of 28 U.S.C. §1292(b), added in 1958, may now be available for the multiple-parties cases here considered. See Jaftex Corp. v. Randolph Mills, Inc., 282 F.2d 508 (2d Cir. 1960). The Rule 54(b) procedure seems preferable for those cases, and §1292(b) should be held inapplicable to them when the rule is enlarged as here proposed. See Luckenbach Steamship Co., Inc., v. H. Muehlstein & Co., Inc., 280 F.2d 755, 757 (2d Cir. 1960); 1 Barron & Holtzoff, supra, §58.1, p. 321 (Wright ed. 1960).

Notes of Advisory Committee on Rules-1987 Amendment

The amendment is technical. No substantive change is intended.

Notes of Advisory Committee on Rules-1993 Amendment

Subdivision (d). This revision adds paragraph (2) to this subdivision to provide for a frequently recurring form of litigation not initially contemplated by the rules-disputes over the amount of attorneys' fees to be awarded in the large number of actions in which prevailing parties may be entitled to such awards or in which the court must determine the fees to be paid from a common fund. This revision seeks to harmonize and clarify procedures that have been developed through case law and local rules.

Paragraph (1). Former subdivision (d), providing for taxation of costs by the clerk, is renumbered as paragraph (1) and revised to exclude applications for attorneys' fees.

Paragraph (2). This new paragraph establishes a procedure for presenting claims for attorneys' fees, whether or not denominated as "costs." It applies also to requests for reimbursement of expenses, not taxable as costs, when recoverable under governing law incident to the award of fees. Cf. West Virginia Univ. Hosp. v. Casey, ____ U.S. ____ (1991), holding, prior to the Civil Rights Act of 1991, that expert witness fees were not recoverable under 42 U.S.C. §1988. As noted in subparagraph (A), it does not, however, apply to fees recoverable as an element of damages, as when sought under the terms of a contract; such damages typically are to be claimed in a pleading and may involve issues to be resolved by a jury. Nor, as provided in subparagraph (E), does it apply to awards of fees as sanctions authorized or mandated under these rules or under 28 U.S.C. §1927.

Subparagraph (B) provides a deadline for motions for attorneys' fees-14 days after final judgment unless the court or a statute specifies some other time. One purpose of this provision is to assure that the opposing party is informed of the claim before the time for appeal has elapsed. Prior law did not prescribe any specific time limit on claims for attorneys' fees. White v. New Hampshire Dep't of Employment Sec., 455 U.S. 445 (1982). In many nonjury cases the court will want to consider attorneys' fee issues immediately after rendering its judgment on the merits of the case. Note that the time for making claims is specifically stated in some legislation, such as the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B) (30-day filing period).

Prompt filing affords an opportunity for the court to resolve fee disputes shortly after trial, while the services performed are freshly in mind. It also enables the court in appropriate circumstances to make its ruling on a fee request in time for any appellate review of a dispute over fees to proceed at the same time as review on the merits of the case.

Filing a motion for fees under this subdivision does not affect the finality or the appealability of a judgment, though revised Rule 58 provides a mechanism by which prior to appeal the court can suspend the finality to resolve a motion for fees. If an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after the appeal has been resolved. A notice of appeal does not extend the time for filing a fee claim based on the initial judgment, but the court under subdivision (d)(2)(B) may effectively extend the period by permitting claims to be filed after resolution of the appeal. A new period for filing will automatically begin if a new judgment is entered following a reversal or remand by the appellate court or the granting of a motion under Rule 59.

The rule does not require that the motion be supported at the time of filing with the evidentiary material bearing on the fees. This material must of course be submitted in due course, according to such schedule as the court may direct in light of the circumstances of the case. What is required is the filing of a motion sufficient to alert the adversary and the court that there is a claim for fees and the amount of such fees (or a fair estimate).

If directed by the court, the moving party is also required to disclose any fee agreement, including those between attorney and client, between attorneys sharing a fee to be awarded, and between adversaries made in partial settlement of a dispute where the settlement must be implemented by court action as may be required by Rules 23(e) and 23.1 or other like provisions. With respect to the fee arrangements requiring court approval, the court may also by local rule require disclosure immediately after such arrangements are agreed to. E.g., Rule 5 of United States District Court for the Eastern District of New York; cf. In re "Agent Orange" Product Liability Litigation (MDL 381), 611 F. Supp. 1452, 1464 (E.D.N.Y. 1985).

In the settlement of class actions resulting in a common fund from which fees will be sought, courts frequently have required that claims for fees be presented in advance of hearings to consider approval of the proposed settlement. The rule does not affect this practice, as it permits the court to require submissions of fee claims in advance of entry of judgment.

Subparagraph (C) assures the parties of an opportunity to make an appropriate presentation with respect to issues involving the evaluation of legal services. In some cases, an evidentiary hearing may be needed, but this is not required in every case. The amount of time to be allowed for the preparation of submissions both in support of and in opposition to awards should be tailored to the particular case.

The court is explicitly authorized to make a determination of the liability for fees before receiving submissions by the parties bearing on the amount of an award. This option may be appropriate in actions in which the liability issue is doubtful and the evaluation issues are numerous and complex.

The court may order disclosure of additional information, such as that bearing on prevailing local rates or on the appropriateness of particular services for which compensation is sought.

On rare occasion, the court may determine that discovery under Rules 26–37 would be useful to the parties. Compare Rules Governing Section 2254 Cases in the U.S. District Courts, Rule 6. See Note, Determining the Reasonableness of Attorneys' Fees-the Discoverability of Billing Records, 64 B.U.L. Rev. 241 (1984). In complex fee disputes, the court may use case management techniques to limit the scope of the dispute or to facilitate the settlement of fee award disputes.

Fee awards should be made in the form of a separate judgment under Rule 58 since such awards are subject to review in the court of appeals. To facilitate review, the paragraph provides that the court set forth its findings and conclusions as under Rule 52(a), though in most cases this explanation could be quite brief.

Subparagraph (D) explicitly authorizes the court to establish procedures facilitating the efficient and fair resolution of fee claims. A local rule, for example, might call for matters to be presented through affidavits, or might provide for issuance of proposed findings by the court, which would be treated as accepted by the parties unless objected to within a specified time. A court might also consider establishing a schedule reflecting customary fees or factors affecting fees within the community, as implicitly suggested by Justice O'Connor in Pennsylvania v. Delaware Valley Citizens' Council, 483 U.S. 711, 733 (1987) (O'Connor, J., concurring) (how particular markets compensate for contingency). Cf. Thompson v. Kennickell, 710 F. Supp. 1 (D.D.C. 1989) (use of findings in other cases to promote consistency). The parties, of course, should be permitted to show that in the circumstances of the case such a schedule should not be applied or that different hourly rates would be appropriate.

The rule also explicitly permits, without need for a local rule, the court to refer issues regarding the amount of a fee award in a particular case to a master under Rule 53. The district judge may designate a magistrate judge to act as a master for this purpose or may refer a motion for attorneys' fees to a magistrate judge for proposed findings and recommendations under Rule 72(b). This authorization eliminates any controversy as to whether such references are permitted under Rule 53(b) as "matters of account and of difficult computation of damages" and whether motions for attorneys' fees can be treated as the equivalent of a dispositive pretrial matter that can be referred to a magistrate judge. For consistency and efficiency, all such matters might be referred to the same magistrate judge.

Subparagraph (E) excludes from this rule the award of fees as sanctions under these rules or under 28 U.S.C. §1927.

Cross References

Amendment or alteration of judgment-

Stay of proceedings pending disposition of motion for, see rule 62.

Time for service of motion, see rule 59.

Appellate court directing entry of judgment, see section 2106 of this title.

Attachment of property of person disobeying judgment for specific acts, see rule 70.

Bills of review abolished, see rule 60.

Certified copy of satisfaction of judgment, registration, see section 1963 of this title.

Civil docket, entry of judgment in, see rule 79.

Contempt by disobeying judgment directing performance of specific acts, see rule 70.

Copies, clerk to keep correct copy of every final judgment, see rule 79.

Costs-

Absent defendant, setting aside judgment and pleading on payment of, see section 1655 of this title.

Admiralty, taxation, see section 1925 of this title.

Admissions on genuineness of documents or truth of factual matters, expenses on failure to make, see rule 37.

Affidavits, see sections 1915 and 1924 of this title.

Agencies of United States, see section 2408 of this title.

Amount in controversy, removal of action against carrier to district court, see section 1445 of this title.

Appeal, in forma pauperis proceeding, see section 1915 of this title.

Briefs, taxation of printing as, see section 1923 of this title.

Claimant in proceedings to condemn or forfeit property seized, see section 2465 of this title.

Clerk of court of appeals, payment into Treasury, see section 711 of this title.

Contempt of witness in foreign country failing to respond to subpoena, see section 1784 of this title.

Copies of papers, taxation as, see section 1920 of this title.

Counsel's liability for excessive, see section 1927 of this title.

Default judgment including, see rule 55.

Delay of entry of judgment for taxing of, see rule 58.

Denial of to plaintiff where plaintiff recovers less than $50,000, see section 1332 of this title.

Dismissal for lack of jurisdiction, see section 1919 of this title.

District court, see sections 1918 and 1919 of this title.

Docket fees, see sections 1920 and 1923 of this title.

Exemplification of papers, taxation, see section 1920 of this title.

Fees, taxation as, see section 1920 of this title.

Filing and inclusion of bill of costs in judgment or decree, see section 1920 of this title.

Fine and forfeitures for violating act of Congress, see section 1918 of this title.

Forma pauperis proceeding, see section 1915 of this title.

Garnishment by United States with, see section 2405 of this title.

Jurisdiction of district court, amount in controversy, see section 1332 of this title.

Maritime cases, taxation, see section 1925 of this title.

Offer of judgment affecting, see rule 68.

Patent infringement action, see section 1928 of this title.

Previously dismissed action, see rule 41.

Seamen's suits, see section 1916 of this title.

Security not required of United States, see section 2408 of this title.

Stay of execution and enforcement of judgment to obtain certiorari from Supreme Court, see section 2101 of this title.

Summary judgment, affidavits presented in bad faith, see rule 56.

Taxation, see sections 1920, 1921, 1923, and 1924 of this title.

United States, liability for, see section 2412 of this title.

United States marshal's fees, see section 1921 of this title.

Verification of bill of, see section 1924 of this title.

Witness fees, taxation as, see sections 1920 and 1922 of this title.

Counterclaim or cross-claim judgment on, see rule 13.

Court of Federal Claims judgment finding plaintiff indebted to United States as judgment of district court, see section 2508 of this title.

Court record of judgment lost or destroyed, enforcement where United States is interested, see section 1735 of this title.

Declaratory judgment, see rule 57 and sections 2201 and 2202 of this title.

Default judgment, see rule 55.

Docketed judgment to constitute lien, see section 1962 of this title.

Entry of judgment-

New judgment on motion for new trial, see rule 59.

On verdict by clerk, see rule 58.

Extension of time for relief from judgment, see rule 6.

Finality of judgment unaffected by motion for relief, see rule 60.

Garnishment in suit by United States against corporation, see section 2405 of this title.

Index to be kept by clerk of every judgment, see rule 79.

Indexed judgment to constitute lien, see section 1962 of this title.

Interest on judgments, see sections 1961 and 2411 of this title.

Interrogatories, entry of judgment on, see rule 58.

Judge to approve form of judgment, see rule 58.

Judgment effective upon entry in docket, see rule 58.

Lien, judgment as, see section 1962 of this title.

Modification of judgment, errors not affecting substantial rights not ground for, see rule 61.

Motion for judgment in action by United States against delinquents for public money, see section 2407 of this title.

New trial, stay of proceedings to enforce judgment on motion for, see rule 62.

Offer of judgment, see rule 68.

Opening judgment on motion for new trial, see rule 59.

Pleading judgment, see rule 9.

Possession, enforcement of judgment directing delivery, see rule 70.

Recorded judgment to constitute lien, see section 1962 of this title.

Registration of judgment, see sections 1962 and 1963 of this title.

Relief from judgment, grounds for, see rule 60.

Removal of causes, attachment or sequestration to hold goods or estate of defendant to answer judgment, see section 1450 of this title.

Reopening judgment after verdict on motion for judgment as a matter of law, see rule 50.

Sales under judgment, see section 2001 et seq. of this title.

Security on stay of proceedings to enforce judgment, see rule 62.

Special verdict, entry of judgment on, see rule 58.

State law, staying enforcement of judgment in accordance with, see rule 62.

Stay of-

Judgment on less than all of multiple claims, see rule 62.

Proceedings to enforce judgment, see rule 62.

Stipulation for stay of execution of process in rem issued in admiralty case, see section 2464 of this title.

Summary judgment, procedure generally, see rule 56.

Suspension of judgment by motion for relief, see rule 60.

Third party tort liability to United States for hospital and medical care, see section 2651 et seq. of Title 42, The Public Health and Welfare.

Three-judge court, entry of judgment by a single judge, see section 2284 of this title.

Time-

Entry of judgment, see rule 58.

Extension of, for relief from judgment, see rule 6.

Motion for relief from judgment, see rule 60.

Motion to alter or amend judgment, extension of, see rule 6.

Proceedings to enforce judgment, see rule 62.

United States-

Payment of judgments against, see section 2414 of this title.

Stay of judgment against, see rule 62.

Tort claims against, judgment as bar to action against employee, see section 2676 of this title.

Vacation of judgment, errors not affecting substantial rights not ground for, see rule 61.

Verdict submitted on written interrogatories to jury, judgment on, see rule 49.

Writs of coram nobis, coram vobis and audita querela abolished, see rule 60.