Rules of Practice and Procedure effective September 15, 2011 - page 42

39
RULE 39. ATTORNEY FEES AND EXPENSES
(a) Application.
An application pursuant to 28 U.S.C.
§ 2412(d), the Equal Access to Justice Act (EAJA), for award
of attorney fees and/or other expenses shall be submitted for
filing with the Clerk not later than 30 days after the Court's
judgment becomes final.
See
Rule 36 (Entry of Judgment) and
Rule 41 (Mandate). The time for filing an application under
this subsection is set by statute. The application shall include
the fees and expenses claimed for the submission of that
application.
(1)
Response.
Not later than 30 days after the date on
which an application described in section (a) is filed, the
Secretary shall submit for filing and serve a response to that
application. If the Secretary disputes the amount of fees and
expenses sought, before the Secretary files a response the
parties shall consult in good faith to seek expeditious resolution
of the matter. The response shall state which elements of the
application are not contested and explain the Secretary's
position on those elements that are contested.
(2)
Reply.
Not later than 30 days after service of any
response by the Secretary, the applicant may submit for filing
and serve a reply addressing those matters contested by the
Secretary.
(b) Supplemental Application.
Except as provided in
paragraph (3) of this section, a party whose application
described in section (a) has been granted in whole or in part
may, not later than 20 days after the Court action granting such
application, file a supplemental application for attorney fees
and other expenses in connection with the defense of such
application. A supplemental application shall include the fees
and expenses claimed for the submission of that supplemental
application.
(1)
Response.
Unless unopposed, and except as
provided in paragraph (3) of this section, not later than 20 days
1...,32,33,34,35,36,37,38,39,40,41 43,44,45,46,47,48,49,50,51,52,...88
Powered by FlippingBook