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Rule 21. Attorneys' Fees and Costs

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part IV: Appellate Court Procedures and Decisions
Effective: January 1, 2021
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 21
Rule 21. Attorneys' Fees and Costs
Currentness
(a) Claim for Attorneys' Fees. A party that intends to claim attorneys' fees incurred on appeal or on a petition or cross-petition for review must give notice of such intention at the time and in the manner set forth in this Rule.
(1) Notice Required. A party claiming attorneys' fees must do so in an opening or an answering brief on appeal. Any party claiming attorneys' fees on a petition for review or a cross-petition for review must do so in the petition or cross-petition or in the response to a petition or cross-petition.
(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.
(b) Statement of Attorneys' Fees and Costs; Timing; Objections.
(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.
(2) Attorneys' Fees. The statement must include any factors relevant to a decision to award fees and the determination of a reasonable fee. The itemized statement of fees must include the following:
(A) The dates on which each person for whom fees are claimed performed services;
(B) The time each person expended for each task on each date;
(C) A description of the service;
(D) The identity of the person performing the service; and
(E) Whether the fee is fixed or contingent, and if hourly, the applicable rate for each person.
(3) Costs. The statement must itemize taxable costs. The cost of preparing paper briefs must not exceed the sum of two dollars per page.
(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.
(e) Mandate. The appellate clerk must include in the mandate separate statements of the amount of attorneys' fees and costs awarded on appeal. The mandate must include the amounts of attorneys' fees and costs awarded in the Supreme Court and in the Court of Appeals.

Credits

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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