24.5.343 ATTORNEY FEES

24.5.343 ATTORNEY FEES (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 will determine and award reasonable attorney fees in the following manner.

(a) Within 20 days following the expiration of the appeal period or remittitur on appeal of the court's final decision, or within 20 days after filing of the court's decision which pursuant to ARM 24.5.348(2) holds that the decision is not certified as final, claimant's attorney shall file with the court a claim for attorney fees which shall contain 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 her/his hourly fee.

(b) Within 20 days following the service of a claim for attorney fees, any party to the dispute may file an objection to the reasonableness of the fees, 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 shall not be sufficient.

(c) If an objection is made to the reasonableness of the attorney fee claim, any party may request an evidentiary hearing, stating specifically the reasons a hearing is needed. The request for hearing must be made at the same time an objection is filed if by the objecting party, or within 10 days of the filing of the objection if requested by claimant's attorney.

(d) The court will determine if an evidentiary hearing is required. If a hearing is deemed necessary, it will be scheduled at the court's earliest convenience and the court will issue its decision following the hearing. Evidentiary hearings will generally be set in Helena unless good cause to the contrary can be demonstrated by a party. If the court determines that no hearing is necessary, the court will determine attorney fees based on the claim and objections. No additional pleadings will be allowed unless requested by the court.

(e) The court's determination of reasonable attorney fees is a final decision for the purposes of appeal.

(History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96.)