2011 California Rules of Court
Rule 3.1702. Claiming attorney's fees
(a) Application
Except as otherwise provided by statute, this rule applies in civil cases to claims for statutory attorney's fees and claims for attorney's fees provided for in a contract. Subdivisions (b) and (c) apply when the court determines entitlement to the fees, the amount of the fees, or both, whether the court makes that determination because the statute or contract refers to "reasonable" fees, because it requires a determination of the prevailing party, or for other reasons.
(Subd (a) amended effective January 1, 2007.)
(b) Attorney's fees before trial court judgment
(1)
Time for motion
A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.
(2)Stipulation for extension of time
The parties may, by stipulation filed before the expiration of the time allowed under (b)(1), extend the time for filing a motion for attorney's fees:
(A)Until 60 days after the expiration of the time for filing a notice of appeal in an unlimited civil case or 30 days after the expiration of the time in a limited civil case; or
(B)If a notice of appeal is filed, until the time within which a memorandum of costs must be served and filed under rule 8.278(c) in an unlimited civil case or under rule 8.891(b)(2) in a limited civil case.
(Subd (b) amended effective January 1, 2011; previously amended effective January 1, 1999, January 1, 2006, January 1, 2007, and January 1, 2009.)
(c) Attorney's fees on appeal
(1)Time for motion
A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case.
(2)Stipulation for extension of time
The parties may by stipulation filed before the expiration of the time allowed under (c)(1) extend the time for filing the motion up to an additional 60 days in an unlimited civil case or 30 days in a limited civil case.
(Subd (c) amended effective January 1, 2010; previously amended effective January 1, 1999, January 1, 2006, January 1, 2007, and July 1, 2008.)
(d) Extensions
For good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.
(Subd (d) amended effective January 1, 2007; adopted effective January 1, 1999.)
(e) Attorney's fees fixed by formula
If a party is entitled to statutory or contractual attorney's fees that are fixed without the necessity of a court determination, the fees must be claimed in the memorandum of costs.
(Subd (e) amended effective January 1, 2007; adopted as subd (d); previously relettered effective January 1, 1999.)
Rule 3.1702 amended effective January 1, 2011; adopted as rule 870.2 effective January 1, 1994; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1999, January 1, 2006, July 1, 2008, and January 1, 2009.
