State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_54

Article7.

Judgment.

Rule 54. Judgments.

(a)        Definition. – Ajudgment is either interlocutory or the final determination of the rights ofthe parties.

(b)        Judgment uponmultiple claims or involving multiple parties. – When more than one claim forrelief is presented in an action, whether as a claim, counterclaim, crossclaim,or third‑party claim, or when multiple parties are involved, the courtmay enter a final judgment as to one or more but fewer than all of the claimsor parties only if there is no just reason for delay and it is so determined inthe judgment. Such judgment shall then be subject to review by appeal or asotherwise provided by these rules or other statutes. In the absence of entry ofsuch a final judgment, any order or other form of decision, however designated,which adjudicates fewer than all the claims or the rights and liabilities offewer than all the parties shall not terminate the action as to any of theclaims or parties and  shall not then be subject to review either by appeal orotherwise except as expressly provided by these rules or other statutes.Similarly, in the absence of entry of such a final judgment, any order or otherform of decision is subject to revision at any time before the entry ofjudgment adjudicating all the claims and the rights and liabilities of all theparties.

(c)        Demand forjudgment. – A judgment by default shall not be different in kind from or exceedin amount that prayed for in the demand for judgment. Except as to a partyagainst whom a judgment is entered by default, every final judgment shall grantthe relief to which the party in whose favor it is rendered is entitled, evenif the party has not demanded such relief in his pleadings. (1967,c. 954, s. 1.)