Civil procedure
Final Judgment
A final judgment is a decision that ends the case on the merits and leaves nothing for the trial court to do but enforce it.
It matters mostly for appeals. Federal appellate courts generally take cases only from final judgments, so an order knocking out one claim of five is not appealable while the rest of the case continues. This is the final judgment rule.
There are escape hatches. A court can direct entry of final judgment on fewer than all claims when there is no just reason for delay, and certain interlocutory orders such as injunctions may be appealed immediately.
The rule keeps appellate courts from reviewing a case in pieces. It is also why parties sometimes stipulate to dismiss remaining claims: doing so manufactures the finality needed to appeal the ruling they actually care about.
How it appears on a docket
ORDER directing entry of FINAL JUDGMENT under Rule 54(b) as to Count III only; the court finds no just reason for delay.
Governing rule
Fed. R. Civ. P. 54(b); 28 U.S.C. Sec. 1291
Related terms
- Judgment — A judgment is the court's final decision resolving the claims in a case and stating who wins and what they get.
- Interlocutory Appeal — An interlocutory appeal is an appeal taken before the case is over, from an order that does not end the litigation.
More on civil procedure
See this term in a real case
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