Local Rule 54.02: Petition for and Interest on Attorney's Fees

54.02: Petition for and Interest on Attorney's Fees.

(A) Petition for Attorney's Fees. Any petition for attorney's fees shall comply with the requirements set forth in Barber v. Kimbrell's, Inc., 577 F.2d 216 (4th Cir. 1978), and shall state any exceptional circumstances and the ability of the party to pay the fee. These requirements are also relevant when a common fund is created and a percentage-fee method is sought in the application. Any memorandum in opposition to a petition for attorney's fees must be filed with the court within fourteen (14) days of the service of the petition. See also Local Civ. Rule 83.VII.07 (D.S.C.) (attorney's fees in Social Security cases).

[Prior time limits located in this section were deleted effective December 1, 2000. Counsel should note that the time limits for attorney fee applications found in Fed. R. Civ. P. 54 are significantly shorter than previously set by the predecessor to this Local Civil Rule.]

(B) Interest on Attorney's Fee Awards Entered After Judgment. When attorney's fees are granted by order entered after entry of judgment and unless otherwise directed by the court, the clerk of court shall (1) apply the same interest rate to the attorney's fee award as applies to the underlying judgment; and (2) run interest from the next day following the date of entry of the order awarding fees. See Fed. R. Civ. P. 58(a)(3) (a separate judgment is not required for an order disposing of a motion for attorney's fees).