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Local Family Rules of Court
FAMILY RULE 4 ATTORNEY’S FEES, COSTS AND SANCTIONS
A. ATTORNEY’S FEES REQUESTS
B. DECLARATION TESTIMONY AND BILLINGS
C. BIFURCATION RE FEES AND COSTS
D. SANCTIONS
A. ATTORNEY’S FEE REQUESTS
When a party has requested attorney’s fees (either pendente lite
or post judgment), both parties shall file a current Income and Expense Declaration with paystubs attached,
which shall be served along with the motion, Order to Show Cause, or Responsive
Declaration requesting attorney’s fees. If an Income and
Expense Declaration that was filed within the last three months is alleged to be current and relied on, a copy shall be
attached to the moving or responding papers. Both sides must complete the attorney’s fees section,
as well as the asset section, when either party has requested fees. In addition to
the Income and Expense Declaration, any fee requests in excess of $1,000
shall be accompanied by the declaration described in Section B below.
The parties shall not attach billing statements to the attorney’s fee
request, but shall exchange billing statements prior to the hearing or
submission of the attorney’s fees request. Counsel shall bring copies of
the bills to the hearing in case the Court desires to see the copies, or
otherwise provide copies if requested by the Court. If the Court orders that
a fees issue is to be submitted for a decision on the pleadings, the Court
may notify counsel if any billing statements are requested for the Court’s
review. If counsel deems the statements to be important to the Court’s
consideration, even without such a request from the Court, counsel may
deliver an unfiled set.
In assessing any request for attorney’s fees, the Court will consider the
following:
(Eff. 1/01/07)
(1) THE FINANCIAL CIRCUMSTANCES OF THE PARTIES.
If there is a current support order in effect, counsel
should attach a copy of the computer-generated support calculation.
(2) THE NATURE AND COMPLEXITY OF THE LITIGATION IN THE
CONTEXT OF THIS ATTORNEY’S FEES REQUEST.
Counsel should provide a brief description of the nature of
the current dispute.
(3) THE AMOUNTS INVOLVED IN THIS DISPUTE.
Counsel should provide a brief description of the relative
worth of the parties as well as how much is involved in this particular
dispute.
(4) THE ATTORNEY’S FEES AND COSTS INCURRED AND REQUESTED.
Counsel should provide details of the fees and costs that
have been incurred in this matter and the fees and costs which are
requested, along with the reasons for the requests.
(5) THE SKILL REQUIRED.
Counsel should provide a brief description of the work which
has been completed and/or the amount of work necessary to complete this
particular dispute. This should also include actual or estimated expert
costs as well as the necessity for such expenditures.
(6) THE PROFESSIONAL STANDING AND REPUTATION OF THE
ATTORNEY.
Counsel should include a brief description including years
in practice, whether or not counsel is a Certified Family Law Specialist, and
years of experience practicing family law.
(Eff. 1/01/07)
It is contemplated that in most instances the above descriptions would not
exceed four pages total in addition to the computer support calculation. Headings should be used in the
descriptions which correspond to the above order of preference in order to
better assist the Court’s focus on the attorney’s fees being requested.
(Eff. 1/1/05)
In addition to the foregoing, if a party is claiming attorney’s fees as
sanctions (FC-271, etc.), counsel should attach a complete description of
the conduct which serves as the basis for the award of sanctions and the
amount requested. A separate heading should be used for this as well.
B. DECLARATION TESTIMONY AND BILLINGS
(1) FEE DECLARATIONS
Any fee and cost request which exceeds $1,000 shall include
a separate written fee declaration signed by the attorney. This declaration
must be filed with the motion or responsive papers or with a party’s
settlement conference statement. Counsel may supplement such declarations at
the time of the hearing to update the amounts of their fee or cost requests.
Fee declarations should include the applicable factors listed below:
a. the services performed and costs incurred to date;
b. the time expended;
c. the hourly rate charged, if applicable;
d. his/her best estimate of the future services to be performed, costs to be
incurred and why they are necessary;
(Eff. 1/01/07)
e. each party’s access to assets;
(Eff. 1/01/07)
f. the specific amounts requested;
g. a full disclosure of all amounts paid by or on behalf of the party
requesting fees and costs;
h. the history of prior appearances and awards; and
i. any other relevant factors.
(2) EXPERT DECLARATIONS
Declaration testimony of experts in support of prospective
cost awards will be allowed. Where an expert submits a report that has been
attached to a settlement conference statement, a billing based on that
service may be admitted at any hearing where the report itself may be
received.
(Eff. 1/1/02)
C. BIFURCATION OF ATTORNEY’S FEES AND COSTS
Counsel may request the opportunity to present evidence of
opposing counsel’s/party’s failure to respond to attempts to resolve the
dispute prior to trial or hearing, or other unreasonable conduct that
impacted the fees incurred. This evidence may be considered relevant
to the issue of attorney’s fees and costs and/or sanctions, but be
inadmissible as settlement negotiations. In this case, counsel should advise
the opposite side and the Court by a statement in the settlement conference
statement or moving or responding documents that the issue will be raised
and that counsel requests the issue be bifurcated for hearing after the
Court renders its judgment of dissolution or decision on the matter. The
judge has the discretion to order the bifurcation at the settlement
conference or defer that decision to trial. It is anticipated that
bifurcation will occur only in those cases where there is a substantial
request for fees.
(Eff. 1/01/07)
D. SANCTIONS
If any attorney, a party represented by an attorney, or a
self-represented party, fails to comply with any of the requirements of
these rules, the Court, on motion of a party or on its own motion, may
strike out all or any part of any pleading of that party, or dismiss the
action or proceeding or any part of the action or proceeding, or enter a
judgment by default against that party, or impose other penalties of a
lesser nature as otherwise provided by law, and may order that party or
his or her attorney to pay to the moving party the reasonable expenses in
making the motion, including reasonable attorney fees. In addition, the
Court, on motion of a party or on its own motion, may order an attorney or
a party to pay reasonable monetary sanctions to the Court or to the
aggrieved party (or attorney), or both, for failure without good cause to
comply with these rules.
(Eff. 1/1/08)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - Appendix: A - B - C
List of attached Family local forms |
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