Rule 54.Judgments: Costs

Group VII: Judgment · Last amended April 30, 2026 · Last verified July 13, 2026

In one sentenceRule 54 defines what counts as a judgment, lets a court certify a partial judgment as final when a case involves multiple claims or parties, caps default judgments at the amount demanded, and sets the deadlines and categories for taxing costs.

Full Text of Rule 54

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Definition; Form. "Judgment" as used in these rules includes any decree or order which dismisses the action as to any party or finally determines the rights of any party. A judgment need 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 his pleadings.

(d) Costs. 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, its officers, and agencies shall be imposed only to the extent permitted by law. A motion for costs, supported by an affidavit that the costs are correct and were necessarily incurred in the action, may be filed by the prevailing party within 20 days of the receipt of written notice of the entry of final judgment. Upon notice that the matter has been appealed, the clerk may delay the taxation of costs until the appeal is completed. A party who prevails for the first time on appeal may file a motion for costs, as provided herein, within 20 days of written notice of the entry of the final judgment after appeal. After an appeal, the clerk shall include the costs incurred in the appeal as taxable costs as provided in Rule 58(b). Costs may be taxed by the clerk on one day's notice. On motion served within 20 days after receipt of notice, the action of the clerk may be reviewed by the court. Upon allowance, the costs shall be included in the judgment or decree.

(e) Taxable Costs. Taxable costs shall include:

(1) Costs Authorized by Statute and Sanctions Imposed in Favor of Prevailing Party . All sanctions including reasonable attorneys fees, if ordered, imposed upon another party and in favor of the prevailing party under any statute or Rule of Civil Procedure are taxable;

(2) Fees of the Clerk. All filing and recording fees charged by the clerk of the court in which the action was pending, or fees or costs taxed under Rule 222, SCACR, are taxable;

(3) Fees of the Sheriff. All fees and costs chargeable by the sheriff for service of summons and complaint, or subpoenas for trial witnesses who testified at trial or for the production of documents and materials actually used at trial, and all costs actually incurred by the sheriff in serving other process necessarily required in the case, including costs incurred attaching property, in caring for property attached, or in conducting the sale of attached property, including any bond, guarantee, sales commissions or insurance premiums, if required, are taxable;

(4) Fees Incurred in Service of Process. All fees and costs incurred in the service of summons and complaint, or subpoenas for the witnesses who testified at trial, or for the production of documents and materials actually used at trial, in an amount not to exceed that which may be charged by the sheriff for comparable services, are taxable;

(5) Witnesses' Fees. All witness fees and mileage actually traveled as specified in Rule 45(b)(1), paid to persons who were subpoenaed and testified at trial, are taxable;

(6) Fees for Exemplification and Copies of Papers Necessarily Obtained for Trial. The costs of one copy of a document introduced in evidence in lieu of the original; the fees of officials for certification of proof of the non-existence of documents; the cost of securing translation if the document translated is taxable or the translation is necessary for exemplification of matters before the court; the cost of maps and one copy of a photograph introduced into evidence, are taxable.

End

Notes

Note: Rule 54(a) adopts generally the definition of judgment found in Code § 15-35-10, rather than the language of the Federal Rule. The simple form of judgment as set out in the Appendix of Forms is sufficient, but may be expanded to include other matters as the court deems necessary. The judgment under Rule 58 is a separate document, distinct from underlying opinions, decisions and other orders. Its use will simplify entry, execution, enforcement and proof of judgment, and should state simply and directly the recovery or relief granted. It should be prepared by the court or by the clerk, but may be prepared by the prevailing party and submitted for signature by the judge, or by the clerk in appropriate cases. Rules 54(b)-(d) are substantially the Federal Rule; they represent the flexibility of the Rules procedure but with very little change from the provisions of Code §§ 15-35-40, 50, 70, 90, and 100.

Note to 1993 Amendment: Rule 54(d) is amended to provide the procedure for filing for costs. The motion, supported by affidavit, shall be filed by the prevailing party within 10 days of notice of the entry of the final judgment. A later motion is untimely unless it is filed by a party who prevailed for the first time on appeal. The clerk may delay taxation of the costs until the completion of an appeal, and as required by Rule 58(b), add the taxable costs incurred on appeal at that time. The clerk taxes the costs on one day's notice to the opposing party, who has 10 days after the clerk's action to request a review by the trial court. Upon allowance, the taxable costs become part of the judgment. Rule 54(e) provides a list of taxable costs. It is based upon the comparable local federal rule, and follows generally the state statutes that previously authorized taxable costs.

Note to 2026 Amendment: The amendment to paragraph (d) extends the time a party has to file a motion for costs from 10 days to 20 days of receipt of written notice of entry of the order or from final judgment after appeal.

Amendment History

Last amended by Order dated April 30, 2026.

Plain-English Summary

Rule 54 opens by defining a judgment broadly: any order that dismisses a party's claim or resolves someone's rights counts, whether or not it recites the pleadings or the history of the case. That matters because a case with several claims or several parties rarely resolves all at once. Subsection (b) lets a court carve out one finished piece and declare it a final, appealable judgment, but only if the court says in writing that there is no reason to make everyone wait for the rest of the case to finish. Without that certification, an order that decides only part of a multi-party or multi-claim case stays open to revision until everything is resolved.

Subsection (c) keeps a default judgment tethered to what the complaint asked for: a defendant who never appeared should not wake up owing more, or a different kind of relief, than the demand disclosed. Parties who did show up and contest the case face no such ceiling; the court can award whatever relief the facts support, whether or not the winning party's pleadings asked for it in so many words.

The rest of the rule governs costs. A prevailing party gets costs as a matter of course unless the court says otherwise, but only by filing a supported motion within 20 days of receiving notice that final judgment was entered, and a party who wins for the first time on appeal gets the same 20-day window measured from the post-appeal judgment. The clerk can tax costs on a single day's notice, and either side can ask the trial court to review that action within 20 days. Subsection (e) lists what counts as taxable costs: statutory sanctions and fee-shifting awards, clerk's filing fees, sheriff's service fees, witness fees and mileage, and the cost of copies and exemplification used at trial. Costs against the State are limited to what the law otherwise allows.

Frequently Asked Questions

What is Rule 54(b) certification and why does it matter?

It is the court's express statement that a ruling deciding some but not all claims or parties is final enough to appeal right away. Without it, that ruling stays subject to change until the whole case wraps up, and there is nothing yet to appeal from it.

How long do I have to file a motion for costs after winning?

Twenty days from receiving written notice that the final judgment was entered. A party who prevails for the first time on appeal gets the same 20 days, running from the judgment entered after the appeal concludes.

Can a default judgment award more than the complaint demanded?

No. Rule 54(c) bars a default judgment from differing in kind or exceeding in amount whatever the demand for judgment specified, even if the proof at a damages hearing would support more.

Does that same cap apply to a contested judgment?

No. Once a party has appeared and litigated the case, the court may grant whatever relief the prevailing party is entitled to, regardless of whether the pleadings specifically requested it.

What costs can be taxed under Rule 54(e)?

Statutory cost awards and fee-shifting sanctions, clerk's fees, sheriff's or process-server fees for service used in the case, witness fees and mileage for trial witnesses, and the cost of copies, certifications, and exhibits introduced at trial.

Can the clerk keep taxing costs while an appeal is pending?

The clerk may delay taxation until the appeal is finished, then add the costs incurred on appeal to the costs taxed at the trial level, consistent with Rule 58(b).

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source

Also known as: Rule 54(b) certification South Carolinafinal judgment definition SCmotion for costs deadline South Carolinataxable costs SCRCPdefault judgment demand cap SC