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Rule 54.Judgment — Costs

Part VII: Judgment · Last amended 2006 · Last verified July 16, 2026

In one sentenceRule 15-6-54 defines what counts as a judgment, requires an express certification before a court can finalize judgment on fewer than all claims or parties, caps a default judgment at what was demanded, and sets the deadlines and procedure for taxing costs and moving for attorney’s fees.

Full Text of Rule 15-6-54

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

(a) Definition of “judgment”. “Judgment” as used in this chapter includes a decree and means the final determination of the rights of the parties in an action or proceeding. A judgment shall not contain a recital of pleadings, the report of a referee, or the record of prior proceedings. Every direction of a court or judge, made or entered in writing and not included in a judgment, is denominated an order.
(b) Multiple claims or parties. When multiple claims for relief or multiple parties are involved in an action, 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) Judgment by default. 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 and disbursements — Attorney fees.
(1) Costs and disbursements other than attorneys’ fees. Except as otherwise provided by statute, costs and disbursements, other than attorneys’ fees, shall be allowed as of course to the prevailing party unless the court otherwise directs. If a party wishes to have disbursements and costs of the action assessed, that party must file an application for taxation of costs, and a certificate of service, with the clerk of court. The application shall include a statement in detail of the costs and disbursements claimed and shall be verified by affidavit. The party preparing the application shall forthwith serve a true copy of the application and the certificate of service upon all other parties. A motion for default judgment may include the application for taxation of costs of the action and be filed, with a certificate of service, with the clerk of court and be served upon all other parties.
A party who objects to any part of the application shall serve and file his objections with the clerk of court in writing within ten days of the service of the application on him or he will be deemed to have agreed to the taxation of the costs and disbursements proposed. The written objections must be accompanied by a notice of hearing thereon and shall set forth in concise language the reasons why the costs should not be allowed. Upon receipt of such written objections and the notice of hearing, the clerk shall file the same and forward copies thereof, together with a copy of the application, to the court. Where the application is included in a motion for default judgment, the ten days to object to the application for costs is waived.
The decision rendered at the hearing shall be filed as a written order with the clerk, directing that the approved amount of costs and disbursements be inserted in the judgment and docketed.
If no written objection to the taxation of costs is filed within ten days of service, the clerk shall tax the costs and disbursements as set forth on the application, insert. the amount in the judgment, and docket it.
Costs and disbursements under this section shall be waived if proper application is not made within thirty days of the entry of the judgment. For good cause shown, the court may extend the time.
(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 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. 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 § 15-6-52(a).
(D) The provisions of subparagraphs (A) through (C) do not apply to claims for fees and expenses as sanctions for violations of these rules.
End

Plain-English Summary

Rule 15-6-54 starts by drawing a line between a judgment and an order. A judgment, which includes a decree, is the final determination of the parties’ rights in an action, and it cannot recite the pleadings, a referee’s report, or the record of prior proceedings — it states the result, not the case’s history. Every other written direction from the court that is not a judgment counts instead as an order.

When a case involves multiple claims or multiple parties, the rule guards against premature finality. A court can direct entry of a final judgment on fewer than all of them only by expressly determining there is no just reason for delay and expressly directing entry of that judgment. Without that certification, any ruling that resolves only part of the case stays revisable and does not become an appealable, final judgment until the whole case is resolved.

Default judgments get their own limit: they cannot be different in kind from, or larger than, the relief the complaint demanded. That is narrower than the rule for judgments generally, which can grant a prevailing party relief it is entitled to even if it was never specifically demanded in the pleadings — default judgments do not get that flexibility, because the defaulting party never had a chance to respond to a different or larger claim.

The last part of the rule handles money after judgment. Ordinary costs and disbursements go to the prevailing party as a matter of course unless the court says otherwise, but the party has to file a detailed, verified application for taxation of costs, and any objection has to come within ten days or the costs are deemed agreed to; if no application is filed within thirty days of judgment, the right to costs is waived absent good cause for an extension. Attorney’s fees follow a separate, stricter track: a motion specifying the judgment, the grounds for the fee award, and the amount or a fair estimate, filed no later than fourteen days after judgment, with an opportunity for both sides to be heard before the court decides.

Frequently Asked Questions

What is the difference between a judgment and an order in South Dakota civil procedure?

Rule 15-6-54(a) defines a judgment, which includes a decree, as the final determination of the parties’ rights in an action or proceeding; any other written direction from the court that is not a judgment is called an order.

If my South Dakota case has several claims, can I appeal as soon as the court rules on just one of them?

Only if the court makes the certification Rule 15-6-54(b) requires: an express determination that there is no just reason for delay and an express direction for entry of judgment on that claim. Without it, the ruling stays revisable until the whole case is resolved.

Can a default judgment award more than what the complaint asked for?

No. Rule 15-6-54(c) states that a judgment by default cannot be different in kind from, or exceed in amount, what was demanded in the complaint.

How long do I have to apply for taxation of costs after winning a South Dakota case?

Rule 15-6-54(d)(1) requires the application within thirty days of entry of judgment, or the right to costs and disbursements is waived, though the court may extend that deadline for good cause.

What is the deadline for filing a motion for attorney’s fees after judgment in South Dakota?

Rule 15-6-54(d)(2)(B) requires the motion no later than fourteen days after entry of judgment, unless a statute or court order sets a different deadline, and it must specify the judgment, the grounds for the award, and the amount or a fair estimate sought.

Amendment History

(a)SDC 1939 & Supp 1960, §§ 33.1404, 33.1701; SD RCP, Rule 54 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.1704; SD RCP, Rule 54 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SDC 1939 & Supp 1960, § 33.1703; SD RCP, Rule 54 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(d)SDC 1939 & Supp 1960, §§ 33.1816, 33.1818; SD RCP, Rule 54 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1987, ch 397 (Supreme Court Rule 86-23); SL 1991, ch 427 (Supreme Court Rule 90-04); 2004, ch 330 (Supreme Court Rule 04-3) effective July 1, 2004; 2006, ch 328 (Supreme Court Rule 06-54).
Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source
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