Rule 26 - Award of Attorneys Fees in Civil Matters(a) Where attorney's fees are permitted by contract or law, a claim for said fees shall be made in the pleadings, in the joint pretrial statement, or by written notice filed and served prior to or at submission of the cause for determination.(b) When a decision on the merits of a cause has been made with an award of attorney's fees, counsel to whom attorney's fees are awarded shall file his affidavit in support thereof within ten days following the date of the minute entry of the decision. Opposing counsel shall have ten days thereafter to file his objections to the appropriateness of fees or amount as set forth in the affidavit, and may also request a hearing. If no hearing is requested, the court shall determine the appropriateness and amount of fees based on the affidavit and opposition.(c) Counsel participating in the matter may request a hearing to determine the appropriateness or amount of attorney's fees at the conclusion of the trial or hearing, or any time thereafter to ten days following the filing of the affidavit. If a hearing is requested, the court either shall set a time for an evidentiary hearing or a hearing for the presentation of legal arguments, based on the nature of the objections.(d) Judgment shall not be entered until the resolution of the attorney's fees issue.Adopted March 10, 1992, effective 3/21/1992.HISTORICAL NOTES
The former Local Rules of Practice for Cochise County, Rule XXVI, Law Library, adopted June 22, 1987, effective September 1, 1987, was abrogated by order dated March 10, 1992, effective March 21, 1992. See now Rule 6.