Defenses and Affirmative Defenses
Procedural Defenses
A final judgment ends the litigation on the merits, leaving nothing for the court but execution. Rule 54(b) permits entry of final judgment on fewer than all claims where the court expressly determines there is no just reason for delay.
Finality determines appellate jurisdiction.
Alternative Names:
Final Judgment Rule, Final Decision
Why it Matters?
Appellate jurisdiction generally requires finality, so an appeal from a ruling that did not resolve all claims is dismissed unless a Rule 54(b) certification or an interlocutory route applies. Misjudging finality is a recurring source of forfeited appeals, since a premature notice may be ineffective while a late one is jurisdictionally barred. Confirming finality before the appeal deadline runs is the necessary step.
Frequently Confused with
Related terms
Frequently asked questions
Why does finality matter?
What is Rule 54(b) certification?
