Rule 54.Judgments; Costs; Attorneys' Fees.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 54 defines what counts as a judgment, sets rules for partial judgments in multi-claim or multi-party cases, and governs how costs and attorneys' fees are awarded.

Full Text of Rule 54

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(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 or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the State or a county, or an officer or agency of the State or a county, shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on 48 hours' 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 an appealable order or 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) The provisions of subparagraphs (A) and (B) do not apply to claims for fees and expenses as sanctions for violations of rules.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended December 7, 1999, effective January 1, 2000

Plain-English Summary

A "judgment" under these rules covers any decree or appealable order, and it can't recite the pleadings, a master's report, or the record of prior proceedings. When a case involves multiple claims or parties, the court can enter final judgment on some but not all of them only by expressly finding no just reason for delay and expressly directing entry of that judgment; without that express finding, any partial ruling remains open to revision until every claim and every party's rights are resolved. A default judgment can't exceed or differ in kind from what the demand for judgment asked for, but apart from a defaulting party, every judgment must grant the relief the winning party is entitled to, even if that party's own pleadings never asked for it.

Costs other than attorneys' fees go to the prevailing party as a matter of course unless the court says otherwise, though costs against the State or a county are limited by law; the clerk can tax costs on 48 hours' notice, subject to court review on a motion filed within 5 days. Attorneys' fees generally require a separate motion, unless the substantive law governing the case treats fees as an element of damages proved at trial; absent a different rule from a statute or court order, that motion must be filed within 14 days of the appealable order or judgment, identify the legal basis for the award, and state or reasonably estimate the amount sought, with any fee agreement disclosed if the court asks. Fee-shifting sanctions for rule violations follow their own separate procedures, outside this framework.

Frequently Asked Questions

Can a court enter judgment on some claims but not others in a multi-claim case?

Yes, but only by expressly finding there's no just reason for delay and expressly directing entry of that judgment; without that finding, a partial ruling stays open to revision until the whole case is resolved.

Can a default judgment give more than what was originally demanded?

No. Rule 54(c) bars a default judgment from exceeding or differing in kind from the relief demanded, though a non-defaulting party can still get relief it didn't specifically request.

How does a party ask for attorneys' fees?

By motion, generally, unless the substantive law treats fees as an element of damages to be proved at trial; the motion must typically be filed within 14 days after the appealable order or judgment and identify the legal basis and amount sought.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 54). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: definition of judgmentpartial final judgmentcosts and attorneys feesRule 54(b) certification