Federal Circuit Rule 47.7: Attorney Fees and Expenses Incurred in This Court
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
(a) Time for Filing; Response.
(1) Generally.
The court may award attorney fees and expenses when authorized by law. An award may be made by the court on its own motion or on application of a party.
(2) Time for Filing.
An application for an award of attorney fees and expenses must be served and filed within the time prescribed by the statute authorizing the award. If the statute does not prescribe a time, the application must be made within thirty (30) days after entry of the judgment or order denying rehearing, whichever is later. However, if a petition for writ of certiorari is filed, the application will not be due until thirty (30) days after all proceedings in the Supreme Court are concluded.
(3) Response.
No response may be filed to an application for attorney fees and expenses unless directed by the court, but no application will be granted without the court giving the party an opportunity to submit a response.
(4) Award on the Court’s Motion.
A party awarded attorney fees and expenses by the court on its own motion must file and serve a bill of attorney fees and expenses containing the information required in Federal Circuit Rule 47.7(b)(2)(A)–(C) with the bill of costs authorized by Federal Rule of Appellate Procedure 39(d). Any objection must be filed within the time prescribed in Federal Rule of Appellate Procedure 39(d).
(b) Contents of Application.
(1) Application under the Equal Access to Justice Act.
An application for attorney fees and expenses under the Equal Access to Justice Act must be made on the form prescribed by this court.
(2) Other Applications.
All other applications for attorney fees and expenses must cite the authority for an award and must indicate how the prerequisites for an award, including timeliness, are met. In addition, all other applications must contain a statement, under oath, specifying the following:
(A) the nature of each service rendered;
(B) the amount of time expended rendering each type of service; and
(C) the customary charge for each type of service rendered.
Notes
Practice Notes to Rule 47.7
Equal Access to Justice Act Application Form.
Using Federal Circuit Form 20 satisfies the requirements under Federal Circuit Rule 47.7(b)(1) for an application for attorney fees under the Equal Access to Justice Act.
Motions for Sanctions in the Form of Attorney Fees.
Motions for sanctions in the form of attorney fees are filed in accordance with the requirements of Federal Rule of Appellate Procedure and Federal Circuit Rule 27. Federal Circuit Rule 47.7 does not control the filing and review of such motions.