US · rules
11th Cir. R. 39-3
Fee Awards to Prevailing Parties Under the Equal Access to Justice Act
(a) An application to this court for an award of fees and expenses pursuant to 28 U.S.C. §
2412(d)(1)(B) must be filed within the time specified in the statute. The application must identify
the applicant, show the nature and extent of services rendered, that the applicant has prevailed, and
shall identify the position of the United States Government or an agency thereof which the applicant
alleges was not substantially justified.
(b) An application to the court pursuant to 5 U.S.C. § 504(c)(2) shall be upon the factual record
made before the agency, which shall be filed with this court under the procedures established in
FRAP 11 and associated circuit rules. Unless the court establishes a schedule for filing formal briefs
upon motion of a party, such proceedings shall be upon the application papers, together with such
supporting papers, including memorandum briefs, as the appellant shall submit within 14 days of
filing of the record of agency proceedings and upon any response filed by the United States in
opposition thereto within the succeeding 14 days.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
2e780b23515a16cc04d088e09504f1a5d88c9baf29987348ff2315913bd23949
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