§ 1.6.13 SUPPORTING MATERIAL

• Jurisdiction: Arizona

As mentioned above, the fee claimant has the burden of proving the fees requested are reasonable. To do this, the claimant will need to submit to the court supporting material substantiating the factual assertions contained in the fee motion. Arizona case law continues to underscore the importance of presenting sufficient evidence to a court to substantiate a fee claim. Geller v. Lesk, 230 Ariz. 624, 629, ¶¶ 15-16, 285 P.3d 972, 977 (App. 2012) (requesting party failed to present detailed affidavit based on contemporaneous billing logs or any other factor supporting reasonableness of the requested fees). See §1.6.3. Manner of Recording Time. And, as discussed, although a court may consider partially reconstructed time records, such records may cause it to reduce the fees awarded. See § 1.6.3. Manner of Recording Time.

Rule 54(g)(4) now requires the fee claimant to support the fee motion with an affidavit that discloses the terms of any fee agreement. The rule also states that the motion is governed by Rule 7.1, the rule that generally applies to all motions. Case law reflects a fee claimant should also detail the type and nature of the legal services provided, the date the work was performed, the time spent in performing the work, and the identity of the attorney or paraprofessional performing the work. Assyia v. State Farm Mut. Auto Ins., 229 Ariz. 216, 223, ¶ 28, 273 P.2d 668, 675 (App. 2012); Barth v. Cochise County, Arizona, 213 Ariz. 59, 64, ¶ 19, 138 P.3d 1186, 1191 (App. 2006); Orfaly v. Tucson Symphony Society, 209 Ariz. 260, 266, ¶ 23, 99 P.3d 824, 1036 (App. 2004); City of Cottonwood v. Fann Contracting, Inc., 179 Ariz. 185, 195, 877 P.2d 284, 294 (App. 1994); Schweiger, 138 Ariz. at 188, 673 P.2d...