Rule 1-341 - Bad Faith-Unjustified Proceeding(a) Remedial Authority of Court. In any civil action, if the court finds that the conduct of any party in maintaining or defending any proceeding was in bad faith or without substantial justification, the court, on motion by an adverse party, may require the offending party or the attorney advising the conduct or both of them to pay to the adverse party the costs of the proceeding and the reasonable expenses, including reasonable attorneys' fees, incurred by the adverse party in opposing it.(b) Statement Regarding Costs and Expenses, Including Attorneys' Fees. (1)Generally. A motion requesting an award of costs and expenses, including attorneys' fees, shall include or be separately supported by a verified statement that sets forth the information required in subsections (b)(2) or (b)(3) of this Rule, as applicable.(2)Costs and Expenses Other Than Attorneys' Fees. The statement in support of a request for costs and expenses other than attorneys' fees shall itemize the type and amount of the costs and expenses requested and shall include any available documentation of those costs and expenses.(3)Attorneys' Fees.(A) Except as otherwise provided in subsection (b)(3)(B) of this Rule or by order of court, the statement in support of a request for attorneys' fees shall set forth: (i) a detailed description of the work performed, broken down by hours or fractions thereof expended on each task;(ii) the amount or rate charged or agreed to in writing by the requesting party and the attorney;(iii) the attorney's customary fee for similar legal services;(iv) the customary fee prevailing in the attorney's legal community for similar legal services;(v) the fee customarily charged for similar legal services in the county where the action is pending; and(vi) any additional relevant factors that the requesting party wishes to bring to the court's attention.(B) Unless otherwise ordered by the court, a statement in support of a request for attorneys' fees not exceeding $500 need not contain the information set forth in subsection (b)(3)(A)(iv) and (v) of this Rule.(c) Response. Within 15 days after the filing of the statement, the offending party may file a response.(d) Guidelines. In determining an award of attorneys' fees and related expenses in excess of $500 under this Rule, the court may consider the Guidelines Regarding Compensable and Non-Compensable Attorneys' Fees and Related Expenses contained in an Appendix to these Rules. This Rule is derived in part from former Rule 604 b and is in part new.
Adopted April 6, 1984, eff. 7/1/1984. Amended Oct. 17, 2013, eff. 1/1/2014.HISTORICAL NOTES
2013 Orders
The October 17, 2013, order amended the rule to add a certain requirement for a motion; to add a new section (b) pertaining to a statement regarding costs and expenses, including attorneys fees; to add a new section (d) pertaining to certain guidelines; and to make stylistic changes.