Short answer. Yes. Rule 36, Section 5 lets the court render a separate judgment on one claim once the issues material to it, and any related counterclaims, have been determined, terminating the action as to that claim while the rest proceed. The court may still stay enforcement of that judgment until the remaining claims are also resolved.
What the law says
When more than one claim for relief is presented in an action, the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may render a separate judgment disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate judgment is rendered, the court by order may stay its enforcement until the rendition of a subsequent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered.
Rule 36, Section 5 — Separate judgments. Read the full provision →
What triggers a separate judgment
This applies whenever more than one claim for relief has been presented in a single action. At any stage of the case, once the court has determined the issues material to a particular claim, together with all counterclaims arising out of the same transaction or occurrence as that claim, it may render a judgment disposing of that claim alone, rather than waiting for every other claim in the suit to be ready at the same time.
Effect on the claim decided, and on the rest of the case
The judgment terminates the action with respect to the specific claim it disposes of, so that claim is finished and does not have to wait on the outcome of the remaining ones. The action then proceeds as to whatever claims remain, continuing through the normal course of litigation exactly as if the separate judgment on the first claim had never been entered at all.
The court can still delay enforcement
Even after entering a separate judgment, the court is not required to let it be enforced immediately. It may, by order, stay the judgment's enforcement until a later judgment or judgments on the remaining claims come out, and it may set whatever conditions are necessary to secure the benefit of the separate judgment to the party who won it, once enforcement does resume.
Why this flexibility matters in multi-claim suits
A single lawsuit can bundle claims that are ready for judgment at very different points — one may be fully proven while another still needs extensive discovery or trial. Requiring the entire case to wait until every claim is decided would leave a party who has already established one claim without any relief for possibly a long time. Rule 36, Section 5 avoids that delay by letting the court resolve a ripe claim on its own timeline, while still keeping the option to synchronize enforcement across all the claims if that better protects the parties.
Related provisions
- Rule 36, Section 5 — Separate judgments
- Rule 36, Section 4 — Several judgments
- Rule 36, Section 6 — Judgment against entity without juridical personality