Supreme Court Rules - Rule 74 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Judgments Orders and Proceedings Thereon: Attorney Fees

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Supreme Court Rules

		Section/Rule:	74.16
Subject:	Rule 74 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Judgments Orders and Proceedings Thereon	Publication / Adopted Date:	July 1, 2022
Topic:	Attorney Fees	Revised / Effective Date:

74.16 ATTORNEY FEES

(a) Claim to be made by motion. A claim for attorney fees and related nontaxable expenses must be made by motion filed under this Rule 74.16, unless the substantive law requires those fees to be proved at trial as an element of damages.

(b) Motions and proceedings thereon.

(1) Time for filing. A motion seeking attorney fees under this Rule 74.16 must be filed no later than 30 days after the entry of judgment on the underlying claim.

(2) Contents of the motion. The motion must specify the statute, rule, or other ground entitling the movant to the award and state the amount sought.

(3) Nature of the motion. Except for purposes of Rule

51.05(a)

, a motion filed under this Rule 74.16 is an independent action and not an authorized after-trial motion subject to Rules

78.04

78.06

, or

81.05

(Adopted Oct. 26, 2021, eff. Jul. 1, 2022.)