Local Rule 39.1: Fee Applications

(a) Fee Applications under the Equal Access to Justice Act.

(1) Time for Filing. An application to a court of appeals for an award of fees and other expenses pursuant to 28 U.S.C. § 2412, in connection with an appeal, must be filed with the clerk of the court of appeals, with proof of service on the United States, within 30 days of final judgment in the action. For purposes of the 30-day limit, a judgment must not be considered final until the time for filing an appeal or a petition for a writ of certiorari has expired, or the government has given written notice to the parties and to the court of appeals that it will not seek further review, or judgment is entered by the court of last resort.

(2) Content. The application shall:

(A) identify the applicant and the proceeding for which the award is sought;

(B) show that the party seeking the award is a prevailing party and is eligible to receive an award;

(C) show the nature and extent of services rendered and the amount sought, including an itemized statement from an attorney representing the party or any agent or expert witness appearing on behalf of the party, stating the actual time expended and the rate at which fees are computed, together with a statement of expenses for which reimbursement is sought; and

(D) identify the specific position of the United States that the party alleges was not substantially justified. The court of appeals may, in its discretion, remit any such application to the district court for a determination.

(3) Objection. If the United States has any objection to the application for fees and other expenses, such objection must be filed within 30 days of service of the application.

(b) Fee Applications other than under 28 U.S.C. § 2412. An application, under any statute, rule or custom other than 28 U.S.C. § 2412, for an award of fees and other expenses, in connection with an appeal, must be filed with the clerk of the court of appeals within 30 days of the date of entry of the final circuit judgment, whether or not attorney fees had been requested in the trial court, except in those circumstances where the court of appeals has ordered that the award of fees and other expenses be remanded to the district court for a determination. For purposes of the 30-day limit, a judgment must not be considered final until the time for filing an appeal or a petition for a writ of certiorari has expired, or judgment is entered by the court of last resort. If any party against whom an award of fees and other expenses is sought has any objection to the application, such objection must be filed within 30 days of service of the application. The court of appeals may, in its discretion, remit any such application to the district court for a determination.