Legal Question in Business Law in California

How much time do you have after the judge pronounces verdict,

To file for attorney fees?


Asked on 3/27/12, 9:38 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I answered this yesterday and pointed out that if you represented yourself, you are not entitled to attorney's fees. In other words, you may be wasting your time.

I am answering this today with the assumption that you have an attorney, and do not trust him or her, or that you are afraid to ask them.

Verdicts are not given by judges. They are given by juries. The judge signs a judgment which conforms to the verdict. The distinction is important because the time to file a motion for attorney's fees is governed by the judgment.

�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." (Cal. Rules of Court, rule 3.1702 subd. (b).)

I can't give you a more specific answer because you don't provide sufficient information to calculate the appellate deadlines, which are used for calculating the deadline to file a motion for attorney's fees. It would help to know the nature of the underlying case, whether it was limited civil or unlimited civil (because there are two different sets of timelines), when the judgment was entered, and when and whether notice of entry of judgment has been served by a clerk or a party.

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Answered on 3/28/12, 9:20 am


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