L. Rule 7054. CLAIMS FOR ATTORNEY’S FEES AND COSTS IN ADVERSARY PROCEEDINGS


(a) Claims for Attorney’s Fees.

(1) All motions for an award of attorney's fees shall be filed and served no later than 14 days after entry of judgment pursuant to  FRCP 54. Unless the substantive law requires a claim for attorney’s fees and related nontaxable expenses to be proved at trial as an element of damages to be determined by a jury, a claim for fees shall be made by motion not later than 14 days after entry of judgment and pursuant to the following provisions. Counsel for the parties shall meet and confer for the purpose of resolving all disputed issues relating to attorney’s fees before making application. The application shall certify that such a conference has occurred. If no agreement is reached, the applicant shall certify the specific reason(s) why the matter could not be resolved by agreement. The motion shall include a supporting document organized chronologically by activity or project, listing attorney name, date, and hours expended on the particular activity or project, as well as an affidavit certifying (1) that the hours expended were actually expended on the topics stated, and (2) that the hours expended and rate claimed were reasonable. Such application shall also be accompanied by a brief memo explaining how the fees were computed, with sufficient citation of authority to permit the reviewing court the opportunity to determine whether such computation is correct. The request shall include reference to the statutory authorization or other authority for the request. Detailed time sheets for each attorney for whom fees are claimed may be required to be submitted upon further order of the Court.

(2) An objection to any motion for attorney’s fees shall be filed on or before 14 days after the date of filing of the motion. If there is no timely objection, the Court may grant the motion as unopposed.

(3) The motion shall be resolved without further hearing, unless an evidentiary hearing is requested, reasons therefore presented, and good cause shown, whereupon hearing on the motion may be granted.

(4) A motion for award of attorney’s fees filed beyond the 14 day period may be deemed untimely and a waiver of entitlement to fees.

(b) Costs.

(1) Costs will be assessed in the final judgment in a proceeding, unless otherwise determined by the Court. A party awarded costs shall prepare and file a proposed bill of costs no later than 14 days after the entry of judgment. The proposed bill of costs shall be served on all parties.

Suggested guidelines can be found at: http://www.txwb.uscourts.gov/node/309.

(2) Any party opposing a proposed bill of costs must file an objection no later than 14 days after a proposed bill of costs is filed.

(3) If no objection to the proposed bill of costs is filed, the clerk shall not tax costs until the expiration of 21 days after the filing of the proposed bill of costs. If the clerk fails to tax costs within 28 days after the proposed bill of costs is filed, and there being no objection filed, then costs will be deemed taxed as proposed.

(4) If objection to the proposed bill of costs is timely filed by a party, the clerk will forward the proposed bill of costs and the objection to the presiding judge in the case for final resolution.

(5) A party objecting to the clerk’s action may file a motion to review the clerk’s action no later than 7 days after the clerk has taxed costs.