Judgment; Costs

(a) Definition; Form. "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 prior proceedings. (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 that there is no just reason for delay. Otherwise, any order or other 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) 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. (d) Death Before Judgment. If a party dies after a verdict or decision on any issue of fact and before judgment, the court may still render judgment. That judgment is not a lien on the real property of the deceased party, but is payable as provided in N.D.C.C. ch. 30.1-19. (e) Costs and Disbursements; Objections; Attorneys' Fees. (1) Costs and Disbursements. Costs and disbursements must be allowed as provided by statute. (A) A party awarded costs and disbursements must serve and file a detailed, verified statement of costs and disbursements within 30 days after entry of an order for judgment. (B) Objections must be served and filed within 14 days after service of the statement or such other time as the court, in its discretion, may allow. The grounds for objections must be specified. (C) If objections are filed, the clerk must promptly submit them to the judge who issued the order for judgment. A party may request a hearing on objections within seven days of filing of the objections and must secure a time for hearing and serve notice upon all parties. A timely request for hearing must be granted. (D) If no objections are filed within the time designated under this rule, the clerk must allow the costs and disbursements included in the statement and insert them in the judgment. If the court determine costs and disbursements under this rule, the clerk must insert them in the judgment. (2) Attorneys' Fees. A claim for attorneys' fees and related nontaxable expenses not determined by the judgment must be made by motion. (A) The motion must be served and filed within 21 days after notice of entry of judgment. (B) The motion must: (i) specify the judgment and the statute, rule, or other grounds entitling the movant to the award; (ii) state the amount sought or provide a fair estimate of it; and (iii) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made. (C) The trial court may decide the motion even after an appeal is filed.