United States · Federal civil procedure
When must I seek federal attorney’s fees or review the clerk’s taxed costs?
Unless a statute or court order provides otherwise, an attorney-fee motion must be filed within 14 days after judgment entry. A motion asking the court to review the clerk’s taxation of costs must be served within the next 7 days after that action. These procedures use different triggers and different required acts.
- Period
- 14 days to file the ordinary fee motion; 7 days to serve a costs-review motion
- Trigger
- Judgment entry for the fee motion; the clerk’s taxation action for costs review
- Rule
- FRCP 54(d)(1) and 54(d)(2)(B)
December 1, 2025 compilation
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Which date starts this period?
The ordinary fee-motion period starts at judgment entry. Confirm entry under Rule 58(c), including any separate-document requirement.
The costs-review period follows the clerk’s action taxing costs. It does not use judgment entry or the date a party later reads that action.
The clerk’s 14-day notice before taxing costs is another procedural step. Do not substitute that notice period for the following 7-day costs-review period.
FRCP 54(d)(1) and 54(d)(2)(B)How is the 14-day period counted?
- For attorney fees, use judgment entry. For costs review, use the clerk’s actual taxation action.
- Exclude that day.
- Count 14 calendar days.
- A final Saturday, Sunday or legal holiday carries the period to the next day that is not. Check additional state holidays and clerk inaccessibility.
Count 14 days for the ordinary fee-motion branch and 7 days for the costs-review branch. The clocks run from judgment entry or the clerk’s action. Rule 6(d)’s additional service time is not triggered merely because a notice relating to these events was mailed.
FRCP 6(a)(1)What does a worked calculation look like?
Fictitious example
Judgment was entered August 3. The ordinary fee-motion period applies without a different statute or order. Exclude August 3. August 4–17 supplies 14 days. The last day is Monday, August 17.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Judgment entry for the fee motion; the clerk’s taxation action for costs review | August 3, 2026 |
| Count | 14 calendar days after the trigger | August 17, 2026 |
Fictitious dates. No additional state holiday, closure or different case order is assumed.
Try these dates in the calculatorCan an exception or order change the deadline?
- Statute or court order
- Rule 54(d)(2)(B) expressly permits a statute or court order to provide a different fee-motion requirement. Do not use the ordinary 14-day calculation where a different time controls.
- Fees proved as damages
- Under Rule 54(d)(2)(A), the motion procedure does not replace proving fees at trial where substantive law requires them as an element of damages.
- Sanction claims
- Rule 54(d)(2)(E) excludes claims for fees and expenses as sanctions for violating the rules or under 28 U.S.C. § 1927 from subparagraphs (A)–(D). This ordinary fee calculator does not establish a sanction deadline.
- Extension application
- Rule 6(b)(1) permits an extension for good cause where the court acts or the request is made before expiry. A later request requires a motion and excusable neglect. An application or agreement does not establish that an extension has been granted. Check the controlling statute and order.
- Local procedures
- Rule 54(d)(2)(D) permits local procedures for resolving fee issues. Read the district’s actual motion, costs and service requirements.
- This calculation does not decide entitlement to fees or taxable costs.
- It does not replace a different statutory or ordered date, calculate the clerk’s notice or create an automatic extension.
What should I check before acting?
Common questions
The procedure and starting event
Is the clerk’s 14-day notice the attorney-fee deadline?
No. Rule 54(d)(1) permits the clerk to tax costs on 14 days’ notice. Rule 54(d)(2)(B) separately gives the ordinary attorney-fee motion 14 days after judgment entry.
Rule 54(d)(1)–(2)Can I satisfy costs review simply by filing within seven days?
Rule 54(d)(1) expressly requires the review motion to be served within the next seven days. Read the applicable service method and any local filing requirements.
Rule 54(d)(1)Does mailed notice automatically add three days to either clock?
No. Rule 6(d) applies to specified periods after being served by listed methods. These ordinary periods start from judgment entry or the clerk’s taxation action.
Rule 6(d)Exceptions and completion
Does a timely fee motion need to state the amount?
Rule 54(d)(2)(B) requires the amount sought or a fair estimate, the judgment and grounds for the award. It also requires disclosure of fee-agreement terms if the court orders it.
Rule 54(d)(2)(B)Do intermediate weekends count?
Rule 6(a)(1)(B) counts all intermediate days, including Saturdays, Sundays and legal holidays. Its final-day rollover is separate.
FRCP 6(a)(1)What if the clerk’s office is inaccessible on a filing deadline?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends a filing deadline to the first accessible day that is not a Saturday, Sunday or legal holiday.
FRCP 6(a)(1), (3), (4) and (6)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rule 54(d)(1)–(2)(B)(i) | Taxed costs, service of review, ordinary fee-motion filing and damages exception |
| Rule 54(d)(2)(B)–(E) | Motion contents, local procedures and sanction exception |
| Rule 58(c) | Judgment-entry event |
| Rule 6(b)(1) | Conditions for a court extension |
| Rule 6(d) | Additional time only for specified service-triggered periods |
| FRCP 6(a)(1) | Trigger-day exclusion and intermediate calendar days |
| FRCP 6(a)(1), (3), (4) and (6) | Final-day rollover, holidays, clerk inaccessibility and filing cutoff |