Idaho Rules of Civil Procedure Rule 54(b). Judgment Upon Multiple Claims or Involving Multiple Parties.
(1) Certificate of Partial Judgment as Final. 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 upon one or more but less 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 the judgment. In the absence of such determination and direction, any judgment which adjudicates less than all the claims or the rights and liabilities of less than all the parties shall not terminate the actions as to any of the claims or parties, and the judgment 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. If any parties to an action are entitled to judgments against each other such as on a claim and counterclaim, or upon cross-claims, such judgments shall be offset against each other and a single judgment for the difference between the entitlements shall be entered in favor of the party entitled to the larger judgment. In the event the trial court determines that a partial judgment should be certified as final under this Rule 54(b), the court shall execute a certificate which shall immediately follow the court's signature on the partial judgment and be in substantially the following form:
RULE 54(b) CERTIFICATE
With respect to the issues determined by the above partial judgment it is hereby CERTIFIED, in accordance with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a final judgment and that the court has and does hereby direct that the above partial judgment shall be a final judgment upon which execution may issue and an appeal may be taken as provided by the Idaho Appellate Rules.
DATED this __________ day of __________________, 20______.
(Signature - District Judge)
(2) Jurisdiction if Appealed After Rule 54(b) Certificate. If a Rule 54(b) Certificate is issued on a partial judgment and an appeal is filed, the trial court shall lose all jurisdiction over the entire action, except as provided in Rule 13 of the Idaho Appellate Rules.
(Amended December 19, 1975, effective January 1, 1976; amended March 31, 1978, effective July 1, 1978; amended April 11, 1979, effective May 1, 1979; amended March 27, 1989, effective July 1, 1989; amended July 15, 2015, effective January 1, 2016.)
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