Motion for Attorney’s Fees and Bill of Costs

When the motion for attorneys fees is used

Timing: shortly after judgment. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• Unless a statute, rule, or court order provides otherwise, costs other than attorney's fees should be allowed to the prevailing party; the clerk may tax costs on 14 days' notice (Rule 54(d)(1)).
• Unless a statute or court order provides otherwise, a motion for attorney's fees must be filed no later than 14 days after the entry of judgment (Rule 54(d)(2)(B)(i)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 54(d) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for attorneys fees in state court

This page covers the federal version. In state court, the motion for attorneys fees may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a New Trial: a request that the court grant a new trial on all or some issues.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.