US · rules
Fed. Cir. R. 47.7
Attorney Fees and Expenses Incurred in This Court
(a) Time for Filing; Response.
(1) Generally.
The court may award attorney fees and expenses when
authorized by law. An award may be made by the court on its
own motion or on application of a party.
(2) Time for Filing.
An application for an award of attorney fees and expenses must
be served and filed within the time prescribed by the statute
authorizing the award. If the statute does not prescribe a time,
the application must be made within thirty (30) days after entry
of the judgment or order denying rehearing, whichever is later.
However, if a petition for writ of certiorari is filed, the
application will not be due until thirty (30) days after all
proceedings in the Supreme Court are concluded.
(3) Response.
No response may be filed to an application for attorney fees and
expenses unless directed by the court, but no application will be
granted without the court giving the party an opportunity to
submit a response.
(4) Award on the Court’s Motion.
A party awarded attorney fees and expenses by the court on its
own motion must file and serve a bill of attorney fees and
expenses containing the information required in Federal
Circuit Rule 47.7(b)(2)(A)– (C) with the bill of costs authorized
by Federal Rule of Appellate Procedure 39(d). Any objection
must be filed within the time prescribed in Federal Rule of
Appellate Procedure 39(d).
(b) Contents of Application.
(1) Application under the Equal Access to Justice Act.
An application for attorney fees and expenses under the Equal
Access to Justice Act must be made on the form prescribed by
this court.
(Return to Table of Contents)
(2) Other Applications.
All other applications for attorney fees and expenses must cite
the authority for an award and must indicate how the
prerequisites for an award, including timeliness, are met. In
addition, all other applications must contain a statement, under
oath, specifying the following:
(A) the nature of each service rendered;
(B) the amount of time expended rendering each type of
service; and
(C) the customary charge for each type of service rendered.
History
PRACTICE NOTES TO RULE 47.7 Equal Access to Justice Act Application Form. Using Federal Circuit Form 20 satisfies the requirements under Federal Circuit Rule 47.7(b)(1) for an application for attorney fees under the Equal Access to Justice Act. Motions for Sanctions in the Form of Attorney Fees. Motions for sanctions in the form of attorney fees are filed in accordance with the requirements of Federal Rule of Appellate Procedure and Federal Circuit Rule 27. Federal Circuit Rule 47.7 does not control the filing and review of such motions.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
95d9c72f1e6d6af449b4f1fd1a01629b6a80d0f7a0a109aca7d75c15f2f42ed7
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