Rule 37 Request for Attorney Fees As Costs (Interim Rule)

When attorney fees are requested as a part of court costs in an action for Declaratory Judgment, or where otherwise permitted by law as costs in a civil case, a specific request for the same shall be included in the prayer for relief in the complaint. This is done to permit opposing counsel and parties to accurately evaluate and value their cases, and to permit the Court to establish in its Case Management Order a time to hear the motion of the prevailing party.

The Court finds that 14 days from the issuance of the opinion or the rendering of a verdict is a reasonable time to permit the filing of such a motion. A motion to allow and establish the amount of attorney fees as a part of costs shall be made within 14 days of the issuance of the opinion of the court or the rendering of a verdict by a jury. The Motion shall include an itemized bill of counsel and an itemization of any requested expense reimbursement. The determination of whether to award fees and the establishment the amount of attorney fees to be taxes as costs shall not delay the filing of the final entry in a case. Every effort shall be made, consistent with the Court's schedule, to resolve these issues before the journalization of the opinion or verdict on the underlying case.

If a civil case where attorney fees are recoverable as costs is appealed, a further motion for attorney fees on appeal may be filed in the trial court within 14 days of the journalization of the last appeal by the appellate courts.

This Rule shall become effective immediately.

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Judge Susan E. Boyer                        Judge Ed Lane

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