Form 9A:2 Final Judgment - Bench Trial

{CAPTION - FORM 1B:1}

FINAL JUDGMENT

On {date}, the trial of this case began. Plaintiff, {name}, appeared in person and through {his/her/its} attorney and announced ready for trial. Defendant, {name}, appeared in person and through {his/her/its} attorney and announced ready for trial. The court determined that it had jurisdiction over the subject matter and the parties in this case.

{CHOOSE APPROPRIATE PARAGRAPH 1}

1. The right to a jury trial was waived because the parties did not timely demand a jury. {See O'Connor's Federal Rules, "Failure to file & serve request," ch. 5-C, §2.1.5(1), p. 251.}

1. The right to a jury trial was waived because {party}'s demand for a jury trial was withdrawn with the consent of all parties. {See O'Connor's Federal Rules, "Withdrawal," ch. 5-C, §2.1.6, p. 251.}

1. There was no right to a jury trial on the issues before the court. {See O'Connor's Federal Rules, "Right to Jury Trial," ch. 5-C, §4, p. 252.}

2. The court heard the evidence and arguments of counsel and renders judgment for {party}.

{CHOOSE APPROPRIATE PARAGRAPH 3}

3. The court orally stated findings of fact and conclusions of law and recorded them in open court after the trial of this matter.

3. The court entered written findings of fact and conclusions of law after the trial of this matter.

{CHOOSE APPROPRIATE PARAGRAPH 4}

4. Based on those findings of fact and conclusions of law, the court orders that plaintiff, {name}, recover the sum of ${amount} and {his/her/its} costs of court from defendant, {name}.

4. Based on those findings of fact and conclusions of law, the court orders that plaintiff, {name}, take nothing by {his/her/its} suit and that defendant, {name}, recover {his/her/its} costs of court from plaintiff.

4. Based on those findings of fact and conclusions of law, the court orders that plaintiff, {name}, take nothing by {his/her/its} suit and that defendant, {name}, recover on {his/her/its} counterclaim the sum of ${amount} and {his/her/its} costs of court from plaintiff.

4. Based on those findings of fact and conclusions of law, the court orders that {state judgment supported by pleadings and findings}.

{ADD PARAGRAPH 5 IF APPLICABLE}

5. Additionally, the court awards prejudgment interest on the sum at the annual rate of {state rate of interest}, to be paid from {date when calculation of prejudgment interest should begin} until the date of the entry of this judgment.

{CHOOSE APPROPRIATE PARAGRAPH 6}

6. {Party} requested reasonable attorney fees and filed an affidavit proving ${amount} for attorney fees. The court orders {adverse party} to pay {party} ${amount} for attorney fees. {See O'Connor's Federal Rules, "Motion for Attorney Fees," ch. 9-C, p. 594.}

6. {Party} requested and proved ${amount} for reasonable attorney fees at a hearing. The court orders {adverse party} to pay {party} ${amount} for attorney fees. {See O'Connor's Federal Rules, "Motion for Attorney Fees," ch. 9-C, p. 594.}

6. {Party} requested attorney fees as costs in a motion and supporting affidavit under {identify specific grounds, e.g., 42 U.S.C. §1988(b)}. The court examined the record, determined that the request is supported by law, took judicial notice of the usual and customary attorney fees, and determined reasonable attorney fees to be ${amount}. The court orders {adverse party} to pay {party} ${amount} for attorney fees as costs. {See O'Connor's Federal Rules, "Fees as costs," ch. 9-C, §2.2, p. 595.}

7. Postjudgment interest is payable on all of the above amounts allowable by law at the rate of {state rate of interest}, from the date this judgment is entered until the date this judgment is paid. {See O'Connor's Federal Rules, "Requirements for Final Judgment," ch. 9-A, §2, p. 585.}

8. The court orders execution to issue for this judgment.

9. The court denies all relief not granted in this judgment.

10. This is a FINAL JUDGMENT.

SIGNED on _______________, 200__.

_________________________
U.S. DISTRICT JUDGE

APPROVED AS TO FORM & SUBSTANCE:


____________________________
{Attorney for prevailing party}

APPROVED AS TO FORM ONLY:


____________________________
{Attorney for losing party}