§ 10.5 PROPER FORM AND PROOF OF A FEE STATEMENT

• Jurisdiction: Arizona

§ 10.5 Proper Form and Proof of a Fee Statement

After the appellate court issues a decision granting recovery of attorneys' fees, an itemized and verified statement of the amount claimed must be submitted in accordance with Ariz. R. Civ. App. P. 21(b).

The statement shall be filed within ten business days after the clerk has given notice that the decision granting a claim for fees has been rendered. Ariz. R. Civ. App. P. 21(b)(1), 5(a); Ariz. R. Civ. P. 6(a); see also 1A Arizona Appellate Handbook, Civil Appeals § 3.14.2.3 (6th ed. 2015). The ten-day limitation is not jurisdictional. See Schweiger v. China Doll Restaurant, Inc., 138 Ariz. 183, 186 n.2, 673 P.2d 927, 930 n.2 (App. 1983) (court considered request filed one day late). In the absence of an objection, the court may, in its discretion, consider untimely filed fee statements. SeeTovrea v. Superior Court, 101 Ariz. 295, 296-97, 419 P.2d 79, 80-81 (1966). However, statements must be timely. SeePinetop Lakes Ass'n v. Hatch, 135 Ariz. 196, 198-99, 659 P.2d 1341, 1343-42 (App. 1983) (request for additional fees untimely when included with response to objections to original fee request). Any statement filed more than ten business days after notice of disposition should be accompanied by a motion pursuant to Ariz. R. Civ. App. P. 3 to suspend the rules for good cause.

Even if a motion...