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KENTUCKY
RULES OF CIVIL PROCEDURE CR 54.01 DEFINITION AND CONSTRUCTION A judgment is a written order of a court adjudicating a claim or claims in an action or proceeding. A final or appealable judgment is a final order adjudicating all the rights of all the parties in an action or proceeding, or a judgment made final under Rule 54.02. Where the context requires, the term "judgment" as used in these rules shall be construed "final judgment" or "final order". [Amended eff. 4-1-63; adopted eff. 7-1-53] CR 54.02 JUDGMENT UPON MULTIPLE CLAIMS OR INVOLVING MULTIPLE PARTIES (1) 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 grant a final judgment upon one or more but less than all of the claims or parties only upon a determination that there is no just reason for delay. The judgment shall recite such determination and shall recite that the judgment is final. In the absence of such recital, any order or other form of decision, however designated, which adjudicates less than all the claims or the rights and liabilities of less 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 interlocutory and subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. (2) When the remaining claim or claims in a multiple claim action are disposed of by judgment, that judgment shall be deemed to readjudicate finally as of that date and in the same terms all prior interlocutory orders and judgments determining claims which are not specifically disposed of in such final judgment. (3) For the purposes of this rule demands in an action for both injunctive relief and damages may be treated as separate claims. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 7-1-69, 4-1-63, 6-1-60; adopted eff. 7-1-53] CR 54.03 DEMAND FOR JUDGMENT (1) Judgment by default for want of appearance shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. If the demand for judgment is for an unliquidated sum, and therefore unspecified as required by CR 8.02(2), then the amount of the default judgment shall not exceed the amount proved. (2) Except as to a party against whom a judgment is entered by default for want of appearance, 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. [Amended by Order 89-1, eff. 8-28-89; prior amendment eff. 1-1-88; adopted eff. 7-1-53] CR 54.04 COSTS (1) Costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the Commonwealth, its officers and agencies shall be imposed only to the extent permitted by law. In the event of a partial judgment or a judgment in which neither party prevails entirely against the other, costs shall be borne as directed by the trial court. (2) A party entitled to recover costs shall prepare and serve upon the party liable therefor a bill itemizing the costs incurred by him in the action, including filing fees, fees incident to service of process and summoning of witnesses, jury fees, warning order attorney, and guardian ad litem fees, costs of the originals of any depositions (whether taken stenographically or by other than stenographic means), fees for extraordinary services ordered to be paid by the court, and such other costs as are ordinarily recoverable by the successful party. If within five days after such service no exceptions to the bill are served on the prevailing party, the clerk shall endorse on the face of the judgment the total amount of costs recoverable as a part of the judgment. Exceptions shall be heard and resolved by the trial court in the form of a supplemental judgment. [Amended by Order 87-1, eff. 1-1-88; prior amendments eff. 3-1-78, 1-1-78, 4-1-63; adopted eff. 7-1-53]
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