(a) Time for Filing Motion. Motions for awards of attorney’s fees by the Court must be
served and filed within 14 days of entry of judgment by the District Court, unless
otherwise ordered by the Court after a stipulation to enlarge time under Civil L.R. 6-2
or a motion under Civil L.R. 6-3. Filing an appeal from the judgment does not extend
the time for filing a motion. Counsel for the respective parties must meet and confer for
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the purpose of resolving all disputed issues relating to attorney’s fees before making a
motion for award of attorney’s fees.
Commentary
Fed. R. Civ. P. 54(d)(2)(B) sets a time period of 14 days from the entry of judgment to
file a motion for attorney’s fees. Counsel who desire to seek an order extending the time
to file such a motion, either by stipulation (See Civil L.R. 6-2) or by motion (See Civil
L.R. 6-3), are advised to seek such an order as expeditiously as practicable.
(b) Form of Motion. Unless otherwise ordered, the motion for attorney fees must be
supported by declarations or affidavits containing the following information:
(1) A statement that counsel have met and conferred for the purpose of attempting to
resolve any disputes with respect to the motion or a statement that no conference
was held, with certification that the applying attorney made a good faith effort to
arrange such a conference, setting forth the reason the conference was not held;
and
(2) A statement of the services rendered by each person for whose services fees are
claimed, together with a summary of the time spent by each person, and a
statement describing the manner in which time records were maintained.
Depending on the circumstances, the Court may require production of an abstract
of or the contemporary time records for inspection, including in camera
inspection, as the Judge deems appropriate; and
(3) A brief description of relevant qualifications and experience and a statement of
the customary hourly charges of each such person or of comparable prevailing
hourly rates or other indication of value of the services.
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56. SUMMARY JUDGMENT
