Rule 54 Judgments; Costs

(a) Definition; Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment must not include recitals of pleadings, a master's report, or a record of prior proceedings.

(b) Judgment on Multiple Claims or Involving Multiple Parties. When an action presents more than one claim for relief — whether as a claim, counterclaim, crossclaim, or third-party claim — or when 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) Relief to Be Granted. A default judgment must not differ in kind from 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) Costs, Including Attorney's Fees.

(1) Application.

(A) Within 30 days after the entry of a final judgment or a judgment allowing costs, the prevailing party shall serve on the adverse party and file with the court a bill of costs, together with a notice of motion when application will be made to the court to tax the same. Chapter 45 of Title 5 of the Virgin Islands Code governs such applications and includes specific provisions dealing with actions involving infant plaintiffs, parties acting in a representative capacity, and public corporations as parties.

(B) As provided in 5 V.I.C. § 521(b) and § 541, costs which may be allowed in a civil action include:

(i) Fees of officers, witnesses, and jurors;

(ii) Necessary expenses of taking depositions which were reasonably necessary in the action;

(iii) Expenses of publication of the summons or notices, and the postage when they are served by mail;

(iv) Compensation of a master as provided in Rule 53;

(v) Necessary expense of copying any public record, book, or document used as evidence on the trial; and

(vi) Attorney's fees as provided in subpart (d)(2) of this Rule.

(C) A bill of costs shall precisely set forth each item thereof, so that the nature of the charge can be readily understood, and — in accord with 5 V.I.C. § 543(b) — the party claiming any item of cost shall attach thereto an affidavit, made personally or by a duly authorized attorney or agent having knowledge of the facts, stating that:

(i) the items are correct;

(ii) the services were actually and necessarily performed; and

(iii) the disbursements were necessarily incurred in the action or proceeding. Copies of all invoices in support of the request for each item shall be appended to the verified bill of costs.

(D) As provided in 5 V.I.C. § 543(a) and (c), costs which a party is entitled to recover must be taxed, whether or not they have been paid by such party. Upon allowance the bill of costs shall be included in the judgment or decree.

(E) Upon failure of the prevailing party to comply with this Rule, all costs may be waived.

(2) Attorney's Fees.

(A) Generally. As provided in 5 V.I.C. § 541 the measure and mode of compensation of attorneys shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for attorney's fees incurred in maintaining the action or defenses thereto; provided, however, the award of attorney's fees in personal injury cases is prohibited unless the court finds that the complaint filed or the defense is frivolous as defined in that statute.

(B) Special Procedures; Reference to a Master or a Magistrate Judge. The court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. Also, the court may refer issues concerning the value of services to a magistrate judge or a special master under Rule 53 without regard to the limitations of Rule 53(a)(1).

(3) Collection of costs by execution. As provided in 5 V.I.C. § 542, the costs which a party is entitled to recover may be collected by execution to enforce the judgment as a part thereof.