Rule 39-1 Request for Attorney Fees; Opposition
Article VII: General Provisions
Rule Text
(a) Request for Attorney Fees. A request for attorney fees must be filed separately from any bill of costs.
(1) Time Limits for Request. Absent a statutory provision to the contrary, a request for attorney fees shall be filed no later than 5 calendar days after the expiration of the period within which a petition for rehearing may be filed, unless a timely petition for rehearing is filed. If a timely petition for rehearing is filed, the request for attorney fees shall be filed no later than 5 days after the court’s disposition of the petition.
(2) Contents of Request. A request for an award of attorney fees must be supported by a memorandum showing that the party seeking fees is legally entitled to them and must be accompanied by a document stating the total amount sought and containing:
(A) A detailed itemization of the tasks performed, the date they were performed, and the amount of time spent by each lawyer on each task;
(B) A showing that the hourly rates claimed are justified; and
(C) An affidavit or declaration attesting to the accuracy of the information.
(b) Opposition to Request. An opposition to a request for attorney fees must be filed separately from any objection to a bill of costs. Any party from whom attorney fees are requested may file an opposition within 10 days after being served with the request. The party seeking fees may file a reply to the opposition within 5 days after being served with the opposition.
Note [1] Rule 39-1. This rule is based on Ninth Circuit Rules 39-1.6 and 39-1.7. It expands upon the provisions of Rule 39(d) (1992).