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Most attorneys' fees clauses allow recovery of all litigation expenses and professional fees. They also may specify that it applies to any lawsuit arising under or out of the agreement, but may be more limited and apply only to actions for breach or collection.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...
Federal Rule of Civil Procedure 54(d) outlines which party can recover costs, and it includes prevailing parties, subject to certain limitations. Recoverable costs may include deposition costs, printing expenses, postage, and other necessary expenditures detailed in 28 U.S.C. § 1920.
Cost bill, also referred to as bill of costs, is an itemized list of court costs incurred by the prevailing party in a lawsuit. The prevailing party submits this list to the court and the losing party after a judgment has been issued in the case.
(a) Offer of judgment. ? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
One frequent question we receive is whether you can recoup your attorneys' fees spent pursuing or defending a lawsuit. The well-established rule in North Carolina is that each party bears its own costs of litigation, unless a statute specifically awards attorneys' fees.