Chapter 19 - § 19.2 • PROCEDURES FOR SEEKING ATTORNEY FEES

• Jurisdiction: Colorado

§ 19.2 • PROCEDURES FOR SEEKING ATTORNEY FEES

The procedures for obtaining attorney fees vary between Colorado state and federal court. Each is addressed in turn.

§ 19.2.1—State Procedures

C.R.C.P. 121 § 1-22(2) sets forth the procedure for recovery of attorney fees, unless attorney fees are sought as part of a judgment for damages or as a pretrial sanction.³¹ Attorney fees must be requested by motion. Such a motion must be filed within 21 days of the entry of judgment, and the timing for the response and reply briefs follows the normal motion timing in Colorado.³² The motion must state the basis upon which the fees are sought and the method by which the fees are calculated.³³ The motion must also provide supporting documentation.³⁴ Discovery is permitted on the issue of attorney fees only upon a showing of good cause.³⁵

If either party timely requests a hearing, the court generally has the discretion to hold a hearing.³⁶ Regardless of whether it holds a hearing, the court must make findings of fact on its attorney fees ruling.³⁷ If attorney fees are awarded under the frivolous, groundless, or vexatious statute, the court must also follow the considerations and requirements set forth in C.R.S. § 13-17-103.³⁸

§ 19.2.2—Federal Procedures

Attorney fees procedure in Colorado federal court is governed by F.R.C.P. 54(d)(2) and local rule 54.3.³⁹ Unless attorney fees are an element of damages (or are awarded for a violation of the federal rules), an attorney fees request must be made by motion no later than 14 days after the entry ofjudgment.⁴⁰ The motion must be supported by an affidavit, specify the grounds for the requested award, state the amount sought, provide a summary of relevant qualifications and experience for each timekeeper for whom fees are sought, and provide a detailed description of the services rendered, the amount of time spent, the hourly rate charged, and the total amount claimed for each person.⁴¹ The opposing party has an opportunity to respond to this request.⁴²

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Notes:

^[31] C.R.C.P. 121 § 1-22(2)(a).

^[32] C.R.C.P. 121 §§ 1-15(1) and 1-22(2)(b).

^[33] C.R.C.P. 121 § 1-22(2)(b).

^[34] Id.

^[35] Id.

^[36] C.R.C.P. 121 § 1-22(2)(c).

^[37] Id.

^[38] C.R.S. § 13-17-103.

^[39] F.R.C.P. 54(d)(2); D.C.COLO.LCivR 54.3.

^[40] F.R.C.P. 54(d)(2).

^[41] F.R.C.P. 54(d)(2)(B); D.C.COLO.LCivR 54.3.

^[42] F.R.C.P. 54(d)(2)(C); see also D.C.COLO.LCivR 7.1 and 54.3.