Rule 1-054.Judgments; costs

Last amended December 31, 2021 · Last verified June 26, 2026

In one sentenceRule 1-054 defines a judgment, governs final judgment on fewer than all claims or parties, and sets what costs and attorney fees the prevailing party may recover and how.

Full Text of Rule 1-054

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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 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 about one or more, but fewer than all, claims or parties, only if the court expressly finds 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 for 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. A judgment by default shall not be different in kind from, or exceed, the amount prayed for in the demand for judgment. Except for a default judgment, each final judgment shall grant the relief sought by the party in whose favor judgment is rendered, even if the party has not demanded the relief in the party’s pleadings.

D. Costs.

(1) Costs other than attorney fees. Unless expressly stated either in a statute or in these rules, costs, other than attorney fees, shall be allowed to the prevailing party unless the court otherwise directs; but costs against the state, its officers, and agencies shall be imposed only to the extent permitted by law.

(2) Recoverable costs. Costs generally are recoverable only as allowed by statute, Supreme Court rule, and case law. The following costs generally are recoverable:

(a) filing fees, including electronic filing and service fees;

(b) fees for service of summonses, subpoenas, writs, and other service of process;

(d) transcript fees, including those for daily transcripts and transcripts of hearings before or after trial, if requested or approved by the court;

(e) the cost of a deposition:

(i) if any part is used at trial;

(ii) in successful support or defense of a motion for summary judgment under Rule 1-056 NMRA; or

(iii) if the court determines the deposition was reasonably necessary to the litigation;

(f) witness mileage or travel fare and per diem expenses, if the witness testifies at trial or at a deposition, which is deemed reasonable and necessary, and as limited by Sections 38-6-4(A), 39-2-8, 39-2-9, and 39-2-10 NMSA 1978;

(g) expert witness fees for services as provided by Section 38-6-4(B) NMSA 1978 or if the court determines that the expert witness was reasonably necessary to the litigation;

(h) translator fees, if the translated document is admitted into evidence;

(i) reasonable expenses involved in the production of exhibits, which are admitted into evidence;

(j) official certification fees for documents admitted into evidence; and

(k) interpreter fees for judicial proceedings and depositions.

(3) Non-recoverable costs. Unless specifically authorized by statute, Supreme Court rule, or case law, the following costs generally are not recoverable:

(a) except as provided in Subparagraph (D)(2)(i) of this rule, photocopying and other reproduction expenses;

(b) telephone expenses;

(d) courier service expenses;

(e) attorney mileage, travel fare, and per diem expenses;

(f) paralegal and other support staff expenses;

(g) general office expenses; and

(h) legal research, including computer-assisted research.

(4) Procedure for recovery of costs. Within fifteen (15) days after filing of the final judgment, the party recovering costs shall file with the clerk of the district court an itemized cost bill, with proof of service, on opposing counsel. Any party failing to file a cost bill within fifteen (15) days after the filing of the final judgment shall be deemed to have waived costs. If no objections are filed within ten (10) days after service of the cost bill, the clerk of the district court shall tax the claimed costs, which are allowable by law. The judge shall settle any objections filed.

E. Attorney fees.

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

(2) Unless otherwise provided by statute or order of the court, the motion must be filed and served no later than fifteen (15) days after entry of judgment; must specify the judgment and the statute or other grounds entitling the moving party to the award; and must state the amount sought and the basis for the amount claimed.

(3) On request of a party or class member, the court shall afford an opportunity for adversary submissions with respect to the motion. 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. A judgment shall be prepared and entered as provided in Rule 1-058 NMRA.

F. Applicability. The provisions of this rule do not apply to claims for fees and expenses as sanctions.

End

Rule History

[As amended, effective October 1, 1996; December 15, 1999; February 1, 2001; as amended by Supreme Court Order No. 08-8300-011, effective May 23, 2008; as amended by Supreme Court Order No. 16-8300-009, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. 21-8300-021, effective for all cases pending or filed on or after December 31, 2021.]

Committee Commentary

After the filing of the final judgment, upon request of the prevailing party, the clerk shall issue a transcript of judgment. Section 39-1-6 NMSA 1978.

Plain-English Summary

This rule covers judgments and their costs. A “judgment” includes a decree and any appealable order and must not recite pleadings or prior proceedings. When a case has multiple claims or parties, the court may direct entry of final judgment on fewer than all only on an express finding of no just reason for delay; otherwise a decision on some claims or parties is not final and may be revised before the whole case is resolved. A default judgment may not exceed or differ in kind from what was demanded, while other final judgments grant the relief a party is entitled to even if not demanded.

Costs other than attorney fees go to the prevailing party unless the court directs otherwise, and the rule lists what is recoverable (filing and service fees, jury and transcript fees, certain deposition and witness costs, and more) and what generally is not (photocopying, telephone, courier, attorney travel, paralegal and office expenses, and legal research). A party recovering costs files an itemized cost bill within fifteen days of judgment or waives them. Attorney-fee claims are made by motion within fifteen days of judgment, specifying the grounds and amount, unless the substantive law makes fees an element of damages.

Frequently Asked Questions

When is a judgment on some but not all claims final?

Only when the court expressly finds no just reason for delay and directs entry of final judgment; otherwise the decision is not final and may be revised before the entire case is resolved.

What costs can the prevailing party recover?

Costs such as filing and service fees, jury fees, transcript fees, certain deposition and witness costs, and similar items—but generally not photocopying, telephone, courier, attorney travel, paralegal, office, or legal-research expenses.

How are costs and attorney fees claimed?

Costs by an itemized cost bill filed within fifteen days of the final judgment (or they are waived); attorney fees by motion filed within fifteen days of judgment stating the grounds and amount.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-054 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: judgmentcostsprevailing partyattorney feesmultiple claims judgmentcost bill