3.2 Procedural: Filing a Petition for Attorney Fees

• Library: Attorney Fees and Sanctions - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

3.2 PROCEDURAL: FILING A PETITION FOR ATTORNEY FEES

3.201 Filing Requirements Under Rule 54.¹⁴ A claim for attorney fees and related costs must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages. ¹⁵ Procedure requires that a motion for attorney fees must be filed within 14 days of the entry of judgment, unless a statute or a court order provides otherwise. ¹⁶

Unless a statute or court order provides otherwise, a motion for attorney fees and related costs must specify the judgment and the statute, rule or other grounds entitling the movant to the award; state the amount sought or provide a fair estimate of it; and disclose, if the court so orders, the terms of the agreement about fees for the services for which the claim is made. ¹⁷ The procedures set out in Rule 54 do not apply to claims for fees and expenses as sanctions for violating the Federal Rules of Civil Procedure or as sanctions under 28 U.S.C. § 1927.

3.202 Eastern District of Virginia. In the Eastern District, there is no specific local rule regarding attorney fees and costs. However,

1.	Federal Rule of Civil Procedure 54(D)(2) provides that a "claim for attorney's fees and related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages." 18
2.	Time for filing is often compressed to less than 14 days and is included in a general order awarding attorney fees.

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3.	The filing of a motion for attorneys' fees pursuant to Rule 54 is an act required to be done "within a specified amount of time." 19 As such, Rule 6(b)(2) prevents a court from extending the filing deadline for attorney fees unless the party seeking fees establishes that its failure to timely file was the result of excusable neglect. 20
4.	However, under Rule 6(b)(1)(A) a court may, for good cause, extend the time with or without a motion or notice if the court acts, or if a request is made, before the original time or its extension expires. 21
5.	Local Rule 7(F)(1) sets out that unless otherwise directed by the court, an opposing party shall file a responsive brief and supporting documents as are appropriate within eleven (11) days after service, and the moving party may file a rebuttal brief within three (3) days after the service of opposing party's brief.
6.	Submitting documentation supporting the reasonableness of the requested attorney fees and related costs is essential. 22

3.203 Western District of Virginia. Local Rule 54 of the Western District, Fees, and Costs, states:

a. Attorneys' Fees.

(i) Time for Filing. Unless otherwise provided by statute or national rule, or in social security cases, or otherwise ordered by the court, any motions requesting the award of attorney fees must be filed no later than 14 days after the entry of judgment. Any opposition to the motion must be filed within 14 days of service. Non-compliance with these

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