Rule 3.1702. Claiming attorney's fees

(a) Application Except as otherwise provided by statute, this rule applies in civil cases to claims for statutory attorney’s fees and claims for attorney’s fees provided for in a contract. Subdivisions (b) and (c) apply when the court determines entitlement to the fees, the amount of the fees, or both, whether the court makes that determination because the statute or contract refers to “reasonable” fees, because it requires a determination of the prevailing party, or for other reasons.

(b) Attorney’s fees before trial court judgment

(1) Time for motion

(2) Stipulation for extension of time

(A) Until 60 days after the expiration of the time for filing a notice of appeal in an unlimited civil case or 30 days after the expiration of the time in a limited civil case; or

(B) If a notice of appeal is filed, until the time within which a memorandum of costs must be served and filed under rule 8.278(c) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case.

(c) Attorney’s fees on appeal

(1) Time for motion

(2) Stipulation for extension of time

(d) Extensions For good cause, the trial judge may extend the time for filing a motion for attorney’s fees in the absence of a stipulation or for a longer period than allowed by stipulation.

(e) Attorney’s fees fixed by formula If a party is entitled to statutory or contractual attorney’s fees that are fixed without the necessity of a court determination, the fees must be claimed in the memorandum of costs.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective July 1, 2013; previously amended effective January 1, 1999, January 1, 2006, January 1, 2007, January 1, 2009, and January 1, 2011.)

(Subd (c) amended effective January 1, 2010; previously amended effective January 1, 1999, January 1, 2006, January 1, 2007, and July 1, 2008.)

(Subd (d) amended effective January 1, 2007; adopted effective January 1, 1999.)

(Subd (e) amended effective January 1, 2007; adopted as subd (d); previously relettered effective January 1, 1999.)