Ind. Elkhart Cnty. Local Rule LR20-TR00-211

211.1. Motion for Attorney Fees

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:

1. the attorney’s bar license number.

2. identity of the party represented by the requesting attorney.

3. the attorney’s hourly rate.

4. the total of the fees requested.

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

6. the fact that the services and time were reasonably necessary considering the nature and

complexity of the matter; and,

7. a statement regarding the reasonableness of the fees requested, including the usual and

customary charges.

B. Exception to this requirement shall be when a request is made for a standardized attorney fee for

bringing a Rule to Show Cause.

211.2. Attorney Fees per contract

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.

211.3. Court Costs

Court costs shall not be added into a general judgment. A separate award and judgment for court costs is

required.

211.4. Judicial Notice

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 attorney’s fees.

211.5. 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.