ADA
local family rule 4

FAMILY RULE 4: ATTORNEY’S FEES AND COSTS

    • A. FEE REQUESTS
      B. FEE DECLARATIONS

      A. FEE REQUESTS

      When a party has requested attorney’s fees (either pendente lite or after judgment), both parties shall file a current Income and Expense Declaration with attached paystubs, which shall be served along with the Application, Request for Order, or Responsive Declaration requesting fees. The requirements of Rule 3 D concerning the definition of “current,” the attachment of a previously-filed statement, and the completion of all blanks apply. Both sides must also complete the attorney’s fees section, and provide complete information in the asset section (Section 11). Any fee request above $1,000 shall be accompanied by the declaration described in Section B below, in addition to the Income and Expense Declaration. The parties shall not attach billing statements to the attorney’s fee request, but shall exchange billing statements before the hearing. The attorney shall also bring copies of the bills to the hearing.

      (Eff. 1/01/13)

      B. FEE DECLARATIONS

      Any fee and cost request over $1,000 shall include a separate written fee declaration signed by the attorney and addressing the following facts:

      (Eff. 1/01/11)

      (1) the services performed and by whom and costs incurred to date, the time expended, and the hourly rate(s) charged, if applicable;

      (Eff. 1/01/11)

      (2) the best estimate of the future services to be performed and costs to be incurred, the specific amounts of fees and costs requested, the reasons for the request, and why the fees and costs are necessary;

      (Eff. 1/01/11)

      (3) each party’s financial circumstances and access to assets, including a copy of any computer printout for any current support order;

      (4) all fees paid by or on behalf of the party requesting fees and costs, and the history of prior fee awards; and

      (5) a brief description of the attorney’s experience in practicing family law, including whether the attorney is a Certified Family Law Specialist.

      (Eff. 1/01/11) 


 

Family Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - Appendix: A - B - C
List of attached Family local forms

 

© 2014 Superior Court of California, County of Santa Clara