Ind. Allen Cnty. Civ. Local Rule LR02-TR00-16

A. No order granting a request for attorney fees shall be made unless fees are

allowable under applicable law and there has been evidence furnished by

testimony or affidavit of the attorney. The testimony or affidavit shall include:

a. the attorney’s bar license number;

b. identity of the party represented by the requesting attorney;

c. the attorney’s hourly rate;

d. the total of the fees requested;

e. the amount of time expended and a general description of each time entry;

f. the fact that the services and time were reasonably necessary considering

the nature and complexity of the matter; and,

g. a statement regarding reasonableness of the fees requested, including the

usual and customary charges.

B. In instances where the fee is allowable under contract, an attorney’s affidavit must

also be accompanied by the contract language showing that attorney’s fees are

recoverable. The contract shall be attached to the affidavit as an exhibit, and shall

comply with LR02-TR8-06(D).

C. Court costs shall not be added into a general judgment. A separate award and

judgment for court costs is required.

D. Judicial notice of reasonable fees shall not be taken. In any event, the award of

attorney fees shall be within the sound discretion of the Court. At the time judgment

is entered, the Court may award up to an additional two (2) hours of reasonably

anticipated post-judgment collection-related attorneys fees.

E. E-Filing “Convenience Fee.” E-Filing Service Providers (EFSP’s) charge varying

rates in the form of a “convenience fee.” All EFSP’s are required to collect this fee

(which, in 2019, was approximately 3.5%) when e-filing. The EFSP’s then forward

this amount to the State to help defray the costs related to the credit card

processing fees incurred by the State’s system. Some EFSP’s will charge an

additional fee on top of this convenience fee. Convenience fees shall not be

recoverable as part of court costs. Convenience fees may otherwise be

recoverable by contract or statute. In instances where the fee is allowable under

contract, the request must also be accompanied by the contract language showing

the fee is recoverable. The contract shall be attached to an affidavit as an exhibit.

Adopted as Superior Civil Rule 16, September 8, 2000, effective November 1, 2000.

Renumbered as Superior and Circuit Civil Rule TR00-3, and amended effective

December 7, 2006. Amended and renumbered as Superior and Circuit Civil Rule TR00

-16 effective January 1, 2015. Amended in 2018, effective December 1, 2018.

Amended 2019, effective October 31, 2019.