Current through Register Vol. 18, September 20, 2024
(1) In those cases
where the claimant is awarded attorney fees pursuant to
39-71-611
or
39-71-612,
MCA, the court will indicate in its findings of fact and conclusions of law the
basis for the award of reasonable attorney fees, but the court will not
determine the amount of the award until after the appeal period for its final
decision has passed or after affirmation of its final decision on appeal,
unless pursuant to ARM
24.5.348(2), the
final decision is not certified as final.
(2) The court determines and awards
reasonable attorney fees in the following manner.
(a) Within the time set forth in
24.5.320, following the expiration
of the appeal period or remittitur on appeal of the court's final decision, or
within the time set forth in 24.5.320, after the filing of the court's decision
which pursuant to ARM
24.5.348(2) holds
that the decision is not certified as final, the claimant's attorney shall file
with the court a claim for attorney fees which contains the following:
(i) a verified copy of the attorney fee
agreement with the claimant;
(ii)
documentation regarding the time spent by the attorney in representing the
client; and
(iii) the attorney's
claim concerning the attorney's hourly fee.
(b) Within the time set forth in 24.5.320,
following the service of a claim for attorney fees, any party to the dispute
may file an objection to the fees' reasonableness , specifically identifying
the objectionable portions of the claim and stating the reasons for the
objection. General allegations to the effect that the award is unreasonable are
not sufficient.
(c) If a party
objects to the reasonableness of the attorney fee claim, any party may request
an evidentiary hearing, stating the specific reasons a hearing is necessary.
The request for hearing must be made at the same time an objection is filed if
by the objecting party, or within the time set forth in 24.5.320, of the filing
of the objection if requested by the claimant's attorney.
(d) The court determines if it requires an
evidentiary hearing . If the court deems a hearing necessary, the court
schedules the hearing at its earliest convenience. The court issues its
decision following the hearing. The court sets evidentiary hearings in Helena
unless a party demonstrates good cause to the contrary . If the court
determines that no hearing is necessary, the court determines attorney fees
based on the claim and objections. No additional pleadings are allowed unless
requested by the court.
(e) The
court's determination of reasonable attorney fees is a final decision for
purposes of appeal.
Sec.
2-4-201
MCA; IMP, Sec.
2-4-201,
39-71-2901
MCA;
