Post-Trial and Appeals
Post-Trial Motions
A fee petition documents hours, rates, and the basis for entitlement. The lodestar method multiplying reasonable hours by reasonable rates is the standard approach, subject to adjustment.
Rule 54(d)(2) sets a 14-day filing period absent a different order.
Alternative Names:
Fee Petition, Motion for Attorney Fees
Why it Matters?
Billing records are produced with the petition, which exposes the prevailing party's staffing, rates, and time entries to line-by-line challenge. Block billing, vague entries, and duplicative staffing that would draw client write-downs draw judicial reductions on the same grounds. Opposing a petition is frequently more productive than parties expect, since courts routinely reduce hours substantially where the records support it.
Frequently Confused with
Frequently asked questions
What is exposed by filing a petition?
Is opposing worthwhile?
