12.07.2015 Views

LOCAL COURT RULES - Western District of Oklahoma

LOCAL COURT RULES - Western District of Oklahoma

LOCAL COURT RULES - Western District of Oklahoma

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

LCvR54.2Civil Attorney’s Fees.A motion for recovery <strong>of</strong> legal fees with brief shall be a separate document from thebill <strong>of</strong> costs and its brief.The brief should be accompanied by an affidavit: stating theamount <strong>of</strong> time spent on the case, the hourly fee claimed by the attorney, the hourly feeusually charged by the attorney if this differs from the amount claimed in the case, and anyother pertinent factors. Objections to the allowance <strong>of</strong> attorney’s fees must be filed within14 days from the date the motion for attorney’s fees is filed.LCvR54.3 Non-Binding Arbitration or Other ADR <strong>of</strong> Attorney’s Fee Disputes.After the Court determines that the prevailing party is entitled to recover attorney’sfees against the unsuccessful party, the Court may refer the matter to arbitration regardingthe reasonable amount <strong>of</strong> attorney’s fee awardable in the case when the parties consent toreferral <strong>of</strong> the issue to arbitration.Arbitration proceedings under this rule shall be conducted according to the proceduresset forth in 28 U.S.C. § 651, et seq., including the provisions regarding arbitration awardsand judgments and trial de novo. In the event either party demands a trial de novo, the Courtmay take evidence in any manner the Court deems proper including, in its discretion andnotwithstanding any rule to the contrary, review <strong>of</strong> any transcripts <strong>of</strong> the arbitrationproceeding.Counsel may also stipulate in writing to waiver <strong>of</strong> the right to trial de novo followingthe award, and elect to proceed in voluntary binding arbitration. Any other ADR processmay be selected and agreed to by the parties, if appropriate.LCvR55.1 Application for Default Judgment.No application for a default judgment shall be entertained absent an affidavit incompliance with the Servicemembers Civil Relief Act, 50 App. U.S.C. § 521.-22-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!