Chapter 6 Prevailing Party Attorney Fees

• Library: Missouri Professional Licensing (2018 Ed.)

Chapter 6

Prevailing Party Attorney Fees

Attorney fees and costs incurred in defending an action in an adversary proceeding may be awarded to a prevailing nonstate party. See generally §§ 536.085 and 536.087, RSMo 2016. Reasonable fees and expenses include the following:

· Costs of expert witnesses

· Study analysis

· Reasonable attorney fees up to $75 per hour

Section 536.085(4).

To prevail means to obtain “a favorable order, decision, judgment, or dismissal in a civil action or agency proceeding.” Section 536.085(3). The legislature has defined “[p]arty” as an individual whose net worth does not exceed $2 million at the time the procedure was initiated or a business with a net worth that does not exceed $7 million. Section 536.085(2).

Section 536.087.3 allows the prevailing party 30 days to file an action after final disposition in an agency proceeding. The application must show that:

· the party is a prevailing party and is eligible to receive an award;

· the amount sought via an itemized statement from the attorney or witness states the actual time expended and the rate computed; and

· the position of the State was not substantially justified.

Section 536.087.3.

The filing of an application does not stay any appeal time. Failure to file a request for fees within 30 days of either the final disposition of a case or final judgment is jurisdictional. Davis v. Angoff, 957 S.W.2d 340 (Mo. App...