RULE 2-703. ATTORNEYS' FEES ALLOWED BY LAW
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 2-703
RULE 2-703. ATTORNEYS' FEES ALLOWED BY LAW
Committee note: This Rule applies predominantly to actions in which attorneys' fees are allowed by statute. This Rule would also apply where attorneys' fees may be awarded under common law or by a Rule, other than as set forth in Rule 2-702 (b).
(b) Pleading. A party who seeks attorneys' fees from another party pursuant to this Rule shall include a claim for such fees in the party's initial pleading or, if the grounds for such a claim arise after the initial pleading is filed, in an amended pleading filed promptly after the grounds for the claim arose.
(2) determine whether evidence regarding the party's entitlement to attorneys' fees or the amount thereof may practicably be submitted during the parties' cases-in-chief with respect to the underlying cause of action or should await a verdict by the jury or finding by the court with respect to that underlying cause of action; and
Committee note: If the court intends to delay the presentation of evidence on the claim for attorneys fees until after a determination of the underlying cause of action, but desires to enter one judgment that would include the denial or grant of an award of attorneys' fees, the jury's verdict or court findings on the underlying cause of action should be docketed, but the court must assure that no judgment is entered on the verdict or findings until the claim for attorneys' fees is resolved.
(1) require parties seeking an award (A) to keep time records in a specific manner, and (B) to provide to parties against whom an award is sought quarterly statements showing the total amount of time all attorneys, paralegals, and other professionals have spent on the case during the quarter and the total value of that time;
(2) If Award Permitted or Required. If, under applicable law, the verdict of the jury or the findings of the court on the underlying cause of action permit but do not require an award of attorneys' fees, the court shall determine whether an award should be made. If the court determines that a permitted award should be made or that under applicable law an award is required, the court shall apply the standards set forth in subsection (f)(3) of this Rule and determine the amount of the award.
Committee note: Where the claim for attorneys' fees is based on law, rather than a contract, the determination of whether, in light of the verdict or findings on the underlying cause of action, an award must or should be made and, if so, the amount thereof is for the court. See Admiral Mortgage v. Cooper, 357 Md. 533, 550-53 (2000); Friolo v. Frankel, 373 Md. 501, 519 (2003); Friolo v. Frankel, 403 Md. 443, 457, n.12 (2008).
Committee note: The factors listed in subsection (f)(3) of this Rule have been approved by the Court of Appeals in statutory fee-shifting cases, where the “lodestar method” is applied in determining an award. See Monmouth Meadows v. Hamilton, 416 Md. 325, 333-34 (2010). See Rule 2-704(f) for the factors to be applied in contractual fee-shifting actions.
(g) Judgment. Except as provided in subsection (f)(1) of this Rule, the grant or denial of an award of attorneys' fees may be included in the judgment on the underlying cause of action or in a separate judgment, as directed by the court. The court shall state on the record or in a memorandum filed in the record the basis for its grant or denial of an award.
Source: This Rule is new.
Credits
[Adopted Oct. 17, 2013, eff. Jan. 1, 2014. Amended Sept. 17, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 2-703, MD R RCP CIR CT Rule 2-703
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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