§ 10.4 TIMING AND CONTENT OF AN APPELLATE ATTORNEYS' FEES REQUEST

• Jurisdiction: Arizona

§ 10.4 Timing and Content of an Appellate Attorneys' Fees Request

To receive an award of attorneys' fees on appeal, a party must make a request in accordance with Ariz. R. Civ. App. P. 21(a).

Any request for attorneys' fees on appeal must "specifically state the statute, rule, decisional law, contract, or other provision authorizing an award of attorneys' fees." Ariz. R. Civ. App. P. 21(a)(2). Nevertheless, under recent amendments to the wording of Ariz. R. Civ. App. P. 21(a)(2), an appellate court may, but is not required, to deny a fee request that fails to specify the legal basis for the fee request. Larmer v. Estate of Larmer, 240 Ariz. 548, ¶ 17, 382 P.3d 1230, 1234 (App. 2016) (denying attorneys' fees request due to failure to cite authority); Falcone Brothers & Assocs., Inc., v. City of Tucson, 240 Ariz. 483, ¶ 36, 381 P.3d 276, 286 (App. 2016) (denying "Falcone's request for attorney fees, which is made without reference to any statute or contractual provision that would authorize such an...