2.05.190 [Rule 17] Costs and Attorney's Fees

(a) Statement of Costs; Objections

A party entitled to costs may, within ten (10) days after the Clerk has given notice that a decision has been rendered, file with the Clerk a verified itemized costs of appeal. An adverse party may file objections to the statement of costs within five (5) days after service of such statement. If no objections are filed, the clerk may compute the cost in accordance with these rules. If objections are filed, the party entitled to costs may reply within five (5) days after service of the objections. The Appellate Court shall determine the amount of costs, if any, to be allowed.

(b) Costs of Briefs; Appendices

The allowance for cost of the copies of briefs and appendices shall be the amount expended.

(c) Claim for Attorney's Fees

(1) When attorney's fees are claimed pursuant to statute, law, or contract, a request for allowance of attorney's fees in connection with the prosecution or defense of the appeal shall be by written motion filed and served prior to oral argument or submission of the appeal. If recovery of attorney's fees is allowed by the Appellate Court in its decision, a statement of the amount claimed for such fees may be included in the statement of costs prescribed by this section, Rule 17(a).

(2) The statement of the amount claimed for attorney's fees shall set forth any relevant statutory or contractual provision and any other factors relevant to the determination of a reasonable fee. Counsel shall also attach and submit an affidavit containing an itemized statement of hours, indicating the following:

(A) The date on which the service was performed

(B) The time and costs expended on such date

(C) The nature of the service; and

(D) The name and title of the persons performing the service.

(d) Clerk to Insert Costs in Mandate

The clerk shall include in the mandate an itemized statement of any attorney's fees and costs allowed on appeal.