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Icon-UpArrow Local Rule 39-2 (11th Cir.)
Rule 39-2 (11th Cir. R.) Download


(a) Time for Filing. Except as otherwise provided herein or by statute or court order, an application for attorney’s fees must be filed with the clerk within 14 days after the time to file a petition for rehearing or rehearing en banc expires, or within 14 days after entry of an order disposing of a timely petition for rehearing or denying a timely petition for rehearing en banc, whichever is later. For purposes of this rule, the term “attorney’s fees” includes fees and expenses authorized by statute, but excludes damages and costs sought pursuant to FRAP 38, costs taxed pursuant to FRAP 39, and sanctions sought pursuant to 11th Cir. R. 27-4.
(b) Required Documentation. An application for attorney’s fees must be supported by a memorandum showing that the party seeking attorney’s fees is legally entitled to them. The application must also include a summary of work performed, on a form available from the clerk, supported by contemporaneous time records recording all work for which a fee is claimed. An affidavit attesting to the truthfulness of the information contained in the application and demonstrating the basis for the hourly rate requested must also accompany the application. Exceptions may be made only to avoid an unconscionable result. If contemporaneous time records are not available, the court may approve only the minimum amount of fees necessary, in the court’s judgment, to adequately compensate the attorney.
(c) Objection to Application. Any party from whom attorney’s fees are sought may file an objection to the application. An objection must be filed with the clerk within 14 days after service of the application. The party seeking attorney’s fees may file a reply to the objection within 10 days after service of the objection.
(d) Motion to Transfer. Any party who is or may be eligible for attorney’s fees on appeal may, within the time for filing an application provided by this rule, file a motion to transfer consideration of attorney’s fees on appeal to the district court or administrative agency from which the appeal was taken.
(e) Remand for Further Proceedings. When a reversal on appeal, in whole or in part, results in a remand to the district court for trial or other further proceedings (e.g., reversal of order granting summary judgment, or denying a new trial), a party who may be eligible for attorney’s fees on appeal after prevailing on the merits upon remand may, in lieu of filing an application for attorney’s fees in this court, request attorney’s fees for the appeal in a timely application filed with the district court upon disposition of the matter on remand.

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