First Adopted: October 26, 2021
Most Recently Effective: July 01, 2022
Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon
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 October 26, 2021, effective July 1, 2022.)