At Rise Legal – Steve Dixon Law, clients often ask us about motions for fees and costs. These questions generally come up when we discuss how to recoup money paid up front for litigation. In Nevada, following a successful litigation on your part, you could received an award for fees and costs. As anyone who has been involved in litigation knows, fees and costs can become quite high during the process. However, there is good news. You may be able to recoup some of those fees and costs.
Following a successful result in litigation, you can file a motion for fees and costs. In accordance with the Nevada Rules of Civil Procedure there are some requirements that must be followed.
First, once a judgment is entered by the Court you have to file the motion for fees and costs within 14 days.
Second, you have to include the amount of fees and costs you are requesting. It could be an estimate. But still, some amount needs to be stated.
Third, the motion must include the legal theory, or citations, for the reasons you believe you should receive the reimbursement.
Don’t be surprised if the Court asks you to disclose any retainer agreement you have with the attorney. This will be to prove the hourly rate actually agreed upon. In addition, it will show who really paid the costs up front for your case. In addition, some agreements are contingent in nature. This means the attorney gets a percentage of the amount won in Court, rather than an hourly rate.
The other thing to remember is that you are not guaranteed your fees and costs. The losing side can still object to any motion for fees and costs. A hearing in front of the judge on the issue may occur.
At Rise Legal – Steve Dixon Law, we have successfully helped our clients receive reimbursement for fees in costs. Although there are other ways to accomplish this reimbursement, it can be done via motion practice. If you have questions about litigation or recovering fees and costs in your case, don’t hesitate to call (702) 329-4911 for help.