Rule 21. Attorneys' Fees and Costs
Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2021
Effective: January 1, 2021
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 21
Rule 21. Attorneys' Fees and Costs
(2) Content of Notice. A claim for fees under this Rule must specifically state the statute, rule, decisional law, contract, or other authority for an award of attorneys' fees. If a party fails to comply with this requirement, the appellate court may decline to award fees on that basis. This Rule only establishes the procedure for claiming attorneys' fees and does not create any substantive right to them.
(1) Timing. Within 10 days after the appellate clerk has given notice of a decision or order that grants a claim for fees, a party claiming attorneys' fees or costs must file in the appellate court an itemized and verified statement of attorneys' fees and costs on appeal or review. If a party is entitled to costs but does not seek fees or the court has denied the party's fee request, the party must file a statement of costs in the appellate court within 10 days after the appellate clerk gives notice of the court's decision or order.
(4) Objections and Determination. Objections to the statement of attorneys' fees and costs must be filed within 10 days after service of the statement. If no objections are timely filed, the appellate court may award attorneys' fees and costs. If objections are timely filed, the requesting party may reply within 5 days after service of the objections. The appellate court will then determine the amount of attorneys' fees and costs without a hearing or additional filings.
(c) Pending Petition for Review. The Court of Appeals retains jurisdiction to rule on a timely filed statement of attorneys' fees or taxable costs notwithstanding the filing of a petition for review. If the Court of Appeals awards attorneys' fees or costs after the filing of a petition for review, a party that timely objected to the statement may file a motion with the Supreme Court requesting review of the party's objections to the award when considering the petition. The motion must be filed with 10 days after entry of the award, and must include a copy of the order of the Court of Appeals granting fees or costs. The party in whose favor the Court of Appeals awarded attorneys' fees or costs may file a response within 10 days after service of that motion.
(d) Vacation, Reversal, Modification, or Affirmation. If the Supreme Court vacates, reverses, modifies, or affirms the Court of Appeals' decision, a party entitled to attorneys' fees and costs may file in the Supreme Court a statement of attorneys' fees and costs incurred in the Supreme Court and in the Court of Appeals. The statement must meet the requirements of Rule 21(b). Any objections or reply must be filed within the times stated in Rule 21(b)(4). The Supreme Court clerk or the Supreme Court may determine the amounts of fees and costs, or the Supreme Court may remand the appeal to the Court of Appeals for that purpose.
Amended April 28, 1983, effective Sept. 1, 1983; July 27, 1987, effective Nov. 1, 1987; Sept. 15, 1987, effective Nov. 15, 1987. Amended Oct. 15, 2001, effective Dec. 1, 2001; Sept. 1, 2011, effective Jan. 1, 2012; Aug. 28, 2013, effective Jan. 1, 2014; Sept. 2, 2014, effective Jan. 1, 2015; Aug. 26, 2020, effective Jan. 1, 2021.
17B A. R. S. Civil Appellate Proc. Rules, Rule 21, AZ ST CIV A P Rule 21
State Court Rules are current with amendments received and effective through March 15, 2023. The Code of Judicial Administration is current with amendments received through March 15, 2023.
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