JUVENILE RULE 40. Attorney Fees
(A) Method and Form of Request
A request for attorney fees shall be made by motion or as part of a complaint, counterclaim, or cross-claim and filed at least fourteen (14) days prior to the hearing scheduled in the underlying matter.
(B) Evidence in Support
The Court may award reasonable attorney’s fees and litigation expenses to either party if the court finds the award equitable. At the time of hearing on the request for attorney fees, the attorney seeking fees shall present:
(1) An itemized statement of the services rendered, the time expended for such services, and the requested hourly rate for in-court and out-of-court time;
(2) Specific testimony regarding any or all of the following, as they relate to the case:
(a) The conduct of the parties;
(b) Party-created impediments to the discovery process;
(c) The parties’ incomes and assets;
(d) Difficulty in ascertaining or evaluating the parties’ incomes and assets; and
(e) Any other relevant factors the Court deems appropriate.
(3) Testimony regarding the requesting attorney’s years in practice and experience in juvenile cases; and
(4) Evidence of the parties’ respective income, assets and expenses, if not otherwise disclosed during the hearing.
(C) Expert testimony
Expert testimony is not required to prove reasonableness of attorney fees.
(D) Compliance with Rule
Failure to comply with the provisions of this rule may result in the denial of a request for attorney fees.
(E) Payment
The Court may specify whether the award of attorney fees is payable in gross or by installments.
Effective: June 30, 2015