This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
Pennsylvania Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
Control #:
US-MOT-01420
Format:
Word;
Rich Text
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How to fill out Motion To Compel And For Attorney's Fees And Expenses?
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FAQ
Certain statutes allow for the recovery of attorneys' fees. Such statutes include the PA Unfair Trade Practices and Consumer Protection Law, the PA Trademark Act, and the PA Uniform Trade Secrets Act.
(1) The party against whom the motion to compel is directed shall file an answer within 5 days of service of the motion absent good cause or, in the alternative, respond orally at the hearing if a timely hearing has been scheduled within the same 5-day period.
Generally, in Pennsylvania attorneys' fees are only recoverable in a successful lawsuit if provided for by contract or statute. This is known as the ?American Rule.? Unless stated otherwise in a contract, each party to a lawsuit pays its own attorneys' fees.
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party.
Bringing Documents to Examination and Trial However, the parties may agree that certain documents are not necessary at discovery or trial and can mutually decide not to produce them there.
The bad faith exception allows a court in the exercise of its equity powers to award attorney's fees to a party when his opponent has acted in bad faith - in a vexatious or wanton manner or for oppressive reasons.
The hourly fee attorneys charge could range from as low as $50 or $100 per hour to as high as several thousand dollars per hour for specialized legal work performed by a top professional. ing to the Clio 2022 Legal Trends Report, the average attorney hourly rate was $313.00 in 2022.