Rule 39.1 Attorney Fees on Appeal
General Provisions
Rule Text
If attorney fees are recoverable for the appeal, the principal brief of the party claiming attorney fees must include a specific request, under a separate heading, and must explain the legal and factual basis for an award of attorney fees. Mere citation to this rule or to a statute, without more, does not satisfy the legal basis requirement. Any opposition to a request for attorney fees, and the legal and factual basis for the opposition, must be set forth in either the answer or reply brief, as appropriate. In its discretion, the appellate court may determine entitlement to and the amount of an award of attorney fees for the appeal or may remand those determinations to the lower court or tribunal.
Amendment history: Entire rule added and adopted December 4, 2003, effective January 1, 2004; entire rule corrected February 2, 2004, nunc pro tunc December 4, 2003, effective January 1, 2004; entire rule renumbered and amended, effective June 9, 2016; entire rule amended February 24, 2022, effective July 1, 2022 (Rule Change 2022(05)). Amended and adopted January 9, 2025, effective immediately (Rule Change 2025(02)).