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Rule 21: Attorney Fees

(A) How Made.

     (1) A request for attorney fees and expenses to prosecute an action shall be included in the body of the motion or other pleading that gives rise to the request for fees.

     (2) A request for attorney fees and expenses to defend an action shall be by motion filed at least 14 days prior to the hearing on the motion being defended.

     (3) No oral motion for fees shall be entertained unless good cause is shown why the provisions of this rule could not be complied with and jurisdiction is reserved in any order resulting from the hearing.

(B) Evidence in Support of Motion. At the time of the final hearing on the motion or pleading that gives rise to the request for attorney fees, the attorney seeking such fees shall present:

     (1) An itemized statement describing the services rendered, the time for such services, and the requested hourly rate for in-court time and out-of-court time;

     (2) Testimony as to whether the case was complicated by any or all of the following:

          (a) new or unique issues of law;
          (b) difficulty in ascertaining or valuing the parties' assets;
          (c) problems with completing discovery;
          (d) any other factor necessitating extra time being spent on the case; 
 
     (3) Testimony regarding the attorney's years in practice and experience in domestic relations cases; and

     (4) Evidence of the parties' respective income and expenses, if not otherwise disclosed during the hearing.

(C) Expert testimony is not required to prove reasonableness of attorney fees.

(D) Failure to comply with the provisions of this rule shall result in the denial of a request for attorney fees, unless jurisdiction to determine the issue of fees is expressly reserved in any order resulting from the hearing.

(Effective July 1, 1991.)

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