§ 1.3.1 PROCEDURE UNDER RULE 54 - EFFECTIVE JANUARY 1, 2017

• Jurisdiction: Arizona

Rule 54(g) establishes the procedure for presenting attorneys' fees claims. The rule does not apply, however, to fees that, under the substantive law governing the action, are recoverable as an element of damages or to claims for fees and expenses as sanctions pursuant to statute or rule. See generally Rule 54(i)(1). Rule 54(g)(1) specifies that a claim for attorneys' fees must be made in the pleadings. Thus, the attorneys' fee claim must be made in a complaint, an answer, a reply to a counterclaim, an answer to a cross-claim, a third-party complaint, a third-party answer, and a reply. See Rule 7(a). Rule 54(g)(1) does not require a party to specify the statute, rule or other grounds for the attorneys' fees claim, although it may be prudent practice to specify the basis for the fee claim.

Rule 54(g)(1) also requires the fee claimant to raise the fee claim in a Rule 12 motion if the fee claimant files such a motion before filing a responsive pleading. This...