United States District Court - Northern District of Illinois

General Rules

Rule 46

Rule 46 Time For Filing Motions For Attorney's Fees And Related Non-Taxable Expenses

A. Time Limit for Filing Motions

Either before or after the entry of judgment the court may enter an order with respect to the filing of a motion for attorney s fees and related nontaxable expenses pursuant to Fed.R.Civ.P. 54. Unless the court s orders includes a different schedule for such filing, the motion shall be filed in accordance with the provisions of local General Rule 47 and shall be filed and served no later than 90 days after the entry of the judgment or settlement agreement on which the motion is founded. If the court has not entered such an order before a motion has been filed pursuant to Fed.R.Civ.P. 54(d)(2)(B), then after such filing the court may order the parties to comply with the procedure set out in Local General Rule 47 as a postfiling rather than as a prefiling procedure.

B. Effect of Filing Motion on Appeal Time

The filing of a motion for fees and related nontaxable expenses shall not stop the running of the time for appeal of any judgment on which the motion is founded, unless:

(1) the motion is filed and served prior to the expiration of the appeal time and prior to the filing and becoming effective of a notice of appeal; and

(2) thereafter the district court, after determining that the interest of justice would be served by having merits issues and fee issues determined in a single appeal, issues an order providing that the filing of the motion for fees and related nontaxable expenses shall have the same effect on the running of the time for appeal as a timely motion under Fed.R.Civ.P. 59.