Rule text
a. An application for a fee for legal services rendered on appeal shall be made by motion supported by affidavits as prescribed by R. 4:42-9(b) and (c). Except as provided in paragraph (b), a fee application shall be served and filed within 10 days after the determination of the appeal. Although a movant should append statements or invoices sent to the client as supportive of the claim for fees, the supporting affidavit must also list in detail the services rendered, the dates the services were rendered, and the type of service rendered on that date. The application shall also state the amount of fees previously paid to or received by the attorney(s) for legal services both in the trial and appellate courts or otherwise, including any amount received by way of pendente lite allowances, and what arrangements, if any, have been made for the payment of a fee in the future. Fees may be allowed by the appellate court in its discretion:
1. In all actions in which an award of counsel fee is permitted by R. 4:42-9(a), except appeals arising out of mortgage or tax certificate foreclosures;
2. In a worker's compensation proceeding. Where the determination of the Supreme Court reverses a denial of compensation in the Appellate Division, the Supreme Court shall determine the fees for services rendered in both appellate courts; or
3. As a sanction for violation by the opposing party of the rules for prosecution of appeals.
b. Where the disposition on appeal results in a remand for further proceedings in the trial court or administrative agency, and when the award of counsel fees abides the event, a party who may be eligible for attorney's fees on appeal after prevailing on the merits upon remand shall request any attorney's fees sought for the appeal after completion of the remand. The request shall be made by motion filed with the trial court or, if applicable, the administrative agency that is serving solely as the forum and that has the authority to award counsel fees against litigants appearing in that forum, upon disposition of the matter on remand. The motion shall be filed no later than 30 days after the completion of the remand proceedings or, if a motion for reconsideration is filed, 10 days after a ruling on the motion for reconsideration.
Notes
Note: Source - R.R. 1:9-3, 2:9-3, 1:12-9(f), 4:55-7(a)(b)(e), 5:2-5(f). Paragraph (d) amended July 14, 1972 to be effective September 5, 1972; text amended and paragraph (g) and (h) adopted July 29, 1977 to be effective September 6, 1977; paragraphs (a) (b) (c) (e) (g) and (h) deleted, new paragraph (a) adopted, former paragraph (d) redesignated
(b) and former paragraph (f) redesignated paragraph (c) November 1, 1985 to be effective January 2, 1986; introductory paragraph amended July 13, 1994 to be effective September 1, 1994; final paragraph added June 28, 1996 to be effective September 1, 1996; final paragraph amended July 27, 2918 to be effective September 1, 2018; introductory paragraph amended August 5, 2022 to be effective September 1, 2022; first paragraph amended and designated as paragraph
(a), former paragraphs (a), (b), and (c) amended and redesignated as subparagraphs (a)(l), (a)(2) and (a)(3), final paragraph deleted, and new paragraph (b) added July 15, 2024 to be effective September 1, 2024.