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Subdivision (c). The amendment recognizes the abrogation of Federal Rule 43(c) by the Federal Rules of Evidence. Subdivision (f). The new subdivision responds to confusion flowing from the dual authority for references of pretrial matters to magistrates. Such references can be made, with or without the consent of the parties, pursuant to Rule 53 or under 28 U.S.C. § 636(b)(1)(A) and (b)(1)(B). There are a number of distinctions between references made under the statute and under the rule. For example, under the statute nondispositive pretrial matters may be referred to a magistrate, without consent, for final determination with reconsideration by the district judge if the magistrate's order is clearly erroneous or contrary to law. Under the rule, however, the appointment of a master, without consent of the parties, to supervise discovery would require some exceptional condition (Rule 53(b)) and would subject the proceedings to the report procedures of Rule 53(e). If an order of reference does not clearly articulate the source of the court's authority the resulting proceedings could be subject to attack on grounds of the magistrate's noncompliance with the provisions of Rule 53. This subdivision therefore establishes a presumption that the limitations of Rule 53 are not applicable unless the reference is specifically made subject to Rule 53. A magistrate serving as a special master under 28 U.S.C. § 636(b)(2) is governed by the provisions of Rule 53, with the exceptional condition requirement lifted in the case of a consensual reference. NOTES OF ADVISORY COMMITTEE ON RULES--1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES--1991 AMENDMENT The purpose of the revision is to expedite proceedings before a master. The former rule required only a filing of the master's report, with the clerk then notifying the parties of the filing. To receive a copy, a party would then be required to secure it from the clerk. By transmitting directly to the parties, the master can save some efforts of counsel. Some local rules have previously required such action by the master. NOTES OF ADVISORY COMMITTEE ON RULES--1993 AMENDMENT This revision is made to conform the rule to changes made by the Judicial Improvements Act of 1990. TITLE 28--APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VII. JUDGMENT 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 shall 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 the party's pleadings. (d) Costs; Attorneys' Fees. (1) Costs Other than Attorneys' Fees. Except when express provision therefor is made either in a statute of the United States or in these rules, costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Such costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court. (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 and served 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 in accordance with Rule 43(e) or Rule 78. 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 Rule 52(a), and a judgment shall be set forth in a separate document as provided in Rule 58. (D) By local rule the court may establish special procedures by which issues relating to such fees may be resolved without extensive evidentiary hearings. In addition, the court may refer issues relating to the value of services to a special master under Rule 53 without regard to the provisions of subdivision (b) thereof and may refer a motion for attorneys' fees to a magistrate judge under Rule 72(b) as if it were a dispositive pretrial matter. (E) The provisions of subparagraphs (A) through (D) do not apply to claims for fees and expenses as sanctions for violations of these rules or under 28 U.S.C. § 1927. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.) NOTES OF ADVISORY COMMITTEE ON RULES--1937 Note to Subdivision (a). The second sentence is derived substantially from [former] Equity Rule 71 (Form of Decree). Note to Subdivision (b). This provides for the separate judgment of equity and code practice. See Wis.Stat. (1935) § 270.54; Compare N.Y.C.P.A. (1937) § 476. Note to Subdivision (c). For the limitation on default contained in the first sentence, see 2 N.D.Comp.Laws Ann. (1913) § 7680; N.Y.C.P.A. (1937) § 479. Compare English Rules Under the Judicature Act (The Annual Practice, 1937) O. 13, r.r. 3-12. The remainder is a usual code provision. It makes clear that a judgment should give the relief to which a party is entitled, regardless of whether it is legal or equitable or both. This necessarily includes the deficiency judgment in foreclosure cases formerly provided for by Equity Rule 10 (Decree for Deficiency in Foreclosures, Etc.). Note to Subdivision (d). For the present rule in common law actions, see Ex parte Peterson, 253 U.S. 300, 40 S.Ct. 543, 64 L.Ed. 919 (1920); Payne, Costs in Common Law Actions in the Federal Courts (1935), 21 Va.L.Rev. 397. The provisions as to costs in actions in forma pauperis contained in U.S.C., Title 28, § 832-836 [now 1915] are unaffected by this rule. Other sections of U.S.C., Title 28, which are unaffected by this rule are: § 815 [former] (Costs; plaintiff not entitled to, when), 821 [now 1928] (Costs; infringement of patent; disclaimer), 825 (Costs; several actions), 829 [now 1927] (Costs; attorney liable for, when), and 830 [now 1920] (Costs; bill of; taxation). The provisions of the following and similar statutes as to costs against the United States and its officers and agencies are specifically continued: U.S.C., Title 15, § 77v(a), 78aa, 79y (Securities and Exchange Commission) U.S.C., Title 16, § 825p (Federal Power Commission) U.S.C., Title 26, [former] § 1569(d) and 1645(d) (Internal revenue actions) U.S.C., Title 26, [former] § 1670(b)(2) (Reimbursement of costs of recovery against revenue officers) U.S.C., Title 28, [former] § 817 (Internal revenue actions) U.S.C., Title 28, § 836 [now 1915] (United States--actions in forma pauperis) U.S.C., Title 28, § 842 [now 2006] (Actions against revenue officers) U.S.C., Title 28, § 870 [now 2408] (United States--in certain cases) U.S.C., Title 28, [former] § 906 (United States--foreclosure actions) U.S.C., Title 47, § 401 (Communications Commission) The provisions of the following and similar statutes as to costs are unaffected: U.S.C., Title 7, § 210(f) (Actions for damages based on an order of the Secretary of Agriculture under Stockyards Act) U.S.C., Title 7, § 499g(c) (Appeals from reparations orders of Secretary of Agriculture under Perishable Commodities Act) U.S.C., Title 8, [former] § 45 (Action against district attorneys in certain cases) U.S.C., Title 15, § 15 (Actions for injuries due to violation of antitrust laws) U.S.C., Title 15, § 72 (Actions for violation of law forbidding importation or sale of articles at less than market value or wholesale prices) U.S.C., Title 15, § 77k (Actions by persons acquiring securities registered with untrue statements under Securities Act of 1933) U.S.C., Title 15, § 78i(e) (Certain actions under the Securities Exchange Act of 1934) U.S.C., Title 15, § 78r (Similar to 78i(e)) U.S.C., Title 15, § 96 (Infringement of trade-mark--damages) U.S.C., Title 15, § 99 (Infringement of trade-mark--injunctions) U.S.C., Title 15, § 124 (Infringement of trade-mark--damages) U.S.C., Title 19, § 274 (Certain actions under customs law) U.S.C., Title 30, § 32 (Action to determine right to possession of mineral lands in certain cases) U.S.C., Title 31, § 232 [now 3730] and [former] 234 (Action for making false claims upon United States) U.S.C., Title 33, § 926 (Actions under Harbor Workers' Compensation Act) U.S.C., Title 35, § 67 [now 281, 284] (Infringement of patent--damages) U.S.C., Title 35, § 69 [now 282] (Infringement of patent--pleading and proof) U.S.C., Title 35, § 71 [now 288] (Infringement of patent--when specification too broad) U.S.C., Title 45, § 153p (Actions for non-compliance with an order of National R. R. Adjustment Board for payment of money) U.S.C., Title 46, [former] § 38 (Action for penalty for failure to register vessel) U.S.C., Title 46, [former] § 829 (Action based on non-compliance with an order of Maritime Commission for payment of money)

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