(A) Procedure for Determination. If a final judgment, including a judgment made
final under Fed. R. Civ. P. 54(b), does not determine (or establish other procedures for
determining) the amount of attorney's fees which are authorized by federal statute to be
awarded by the Court to or on behalf of a prevailing party or which may be sought
under the equitable or inherent powers of the Court, the following procedures shall
apply:
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(1) The award of such fees (and expenses incident thereto not ordinarily
allowable as taxable costs) shall be requested by special written motion addressed to
the Court and shall not be included in a cost bill, in a motion for taxation or retaxation
of costs, or in a motion under Fed. R. Civ. P. 50(b), 52(b), or 59.
(2) The motion shall specify the judgment and the statute or other grounds on
the basis of which entitlement to the award is claimed and shall state the amount (or
provide a fair estimate of the approximate amount) of the fees and expenses sought.
Within thirty (30) days (or such other period as the Court may prescribe) after filing the
motion, the movant shall file and serve a detailed specification and itemization of the
requested award, with appropriate affidavits and other supporting documentation.
(3) Hearings on the motion shall be conducted by the Court in accordance
with Fed. R. Civ. P. 43(e) and Fed. R. Civ. P. 78 and in accordance with applicable
statutory and decisional standards.
(4) Pendency of a motion filed under this rule does not extend the time for
appealing from, or for filing a motion under Fed. R. Crim. P. 50(b), 52(b), or 59
directed to the judgment giving rise to the claim for attorney's fees. The Court may,
however, take the motion into consideration in ruling upon a motion for extension of
time for appealing filed under Fed. R. App. P. 4(a)(5).
