§ 11.2.4 Timing of An Attorneys' Fees Request.
Jurisdiction | Arizona |
§ 11.2.4 Timing of An Attorneys’ Fees Request. Under ARCAP 13(a)(8), a party seeking fees should include in its brief “[a] ‘notice under Rule 21(a),’ if applicable, that the party intends to claim attorneys’ fees.” In previous versions of ARCAP 21, the request also could be made by written motion filed and served prior to oral argument or submission of the appeal. See ARCAP 21(a)(1) (2014). The 2015 amendments struck this language, limiting the request solely to “an opening or an answering brief” or “in the petition or cross-petition [for review] or in the response to a petition or cross-petition.” ARCAP 21(a)(1) (2015). The change reflects current practice, which is generally considered to be more efficient than the filing of a separate motion. See also Powell v. Washburn, 211 Ariz. 553, 560, ¶ 29, 125 P.3d 373, 380 (2006) (denying fee request because request was made for first time in supplemental brief contrary to requirements of former ARCAP 21(c), now ARCAP 21(a)(1)). This requirement enables the court to consider the propriety of an award in conjunction with its decision on the merits of the case.
The fee request must “specifically state” the authority upon which the request is based, i.e., “the statute, rule, decisional law, contract, or other authority for an award of attorneys’ fees.” ARCAP 21(a)(2); see also In re Guardianship of Pacheco, 219 Ariz. 421, 430, ¶ 39, 199 P.3d 676, 685 (App. 2008) (“The estate has requested attorney fees on appeal, but it has failed to state the statutory basis for such an award; we therefore deny the request.”); Neal...
To continue reading
Request your trial- Books and Journals
- § 11.1 This Chapter's Scope.
- § 11.2.1 Statutory Basis For Attorneys' Fees.
- § 11.2.1.1 Attorneys' Fees Under A.R.S. § 12-341.01(A).
- § 11.2.1.1.1 Arising Out of Contract.
- § 11.2.1.1.2 Successful Party.
- § 11.2.1.1.3 Contested Actions.
- § 11.2.1.2 Amount of Attorneys' Fees Under A.R.S. § 12-341.01(B).
- § 11.2.1.3 Attorneys' Fees Under A.R.S. § 12-349.
- § 11.2.1.4 Attorneys' Fees Under A.R.S. §§ 12-348 and 12-348.01.
- § 11.2.1.4.1 Exemptions From A.R.S. § 12-348.
- § 11.2.1.4.2 The “Private Attorney General Doctrine.”
- § 11.2.1.5 The Common Fund Doctrine.
- § 11.2.2 Right To Recover Attorneys' Fees Incurred On Appeal.
- § 11.2.3 Right To Recover Superior Court Fees On Appeal.
- § 11.2.4 Timing of An Attorneys' Fees Request.
- § 11.2.5 Proper Form and Proof of A Fee Application.
- § 11.2.5.1 Contingent Fee Cases.
- § 11.2.5.2 The “Lodestar” Method.
- § 11.2.6 Types of Appellate Services Recoverable.
- § 11.2.7 Costs On Appeal.
- § 11.2.8 Timing of Objections To the Fee Application.
- § 11.2.9 Effect of Filing A Petition For Review.
- § 11.2.10 Award of Attorneys' Fees As Appellate Sanctions.
- § 11.3 Domestic Relations Appeals.
- § 11.4 Criminal Appeals.
- § 11.5 Arizona Attorneys' Fees Statutes.
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.