Section 45 Fees Associated With Representation on Appeal

• Library: Damages 2012

Whether the basis for attorney fee recovery is contractual, statutory, or otherwise, the rationale for allowing recovery is equally applicable to fees incurred on appeal as it is to fees incurred at the trial court level.

Each district of the Missouri court of appeals has implemented a local rule regarding requests for attorney fees on appeal. See:

· Eastern District Local Rule 400

· Western District Local Rule XXIX

· Southern District Local Rule 14

Eastern District Local Rule 400 and Western District Local Rule XXIX are substantially identical, providing that: “Any party claiming an amount due for attorney’s fees on appeal pursuant to contract, statute or otherwise and which this court has jurisdiction to consider, must do so before submission of the cause. This shall not apply to claims for damages under Rule 55.03 or Rule 84.19.” Eastern District Local Rule 400. Local Rule 14 of the Southern District is similar, but adds: “Nothing in this...