When must I move for attorney’s fees in the Court of Federal Claims?

Unless a statute or court order provides otherwise, RCFC 54(d)(2)(B)(i) requires a fee motion within 30 days after final judgment as defined in 28 U.S.C. § 2412(d)(2)(G). Establish a final and nonappealable judgment and the legal basis for fees. Fees proved at trial as an element of damages are outside this motion requirement.

Responsible actor. The party asserting a legal entitlement to attorney’s fees and related nontaxable expenses by motion.

Identify the fee authority and whether the claim belongs in a Rule 54(d)(2) motion. Substantive law may instead require fees to be proved at trial as an element of damages.

Establish when the judgment is final and not appealable under section 2412(d)(2)(G). The calculator does not determine appeal finality or substitute a first docket entry.

Check the actual statute and court orders for a different filing time before using the ordinary 30-day period.

1. Independently established date of final judgment that is final and not appealable under 28 U.S.C. § 2412(d)(2)(G)
2. Exclude the established event day. Count every subsequent calendar day, including intermediate weekends and legal holidays, under RCFC 6(a)(1). If the final day is a Saturday, Sunday or Rule 6(a)(6) legal holiday, continue to the next day that is not.
3. Check actual last-day court access and a different controlling order.

The calculator covers independently established events on or after the retained July 27, 2026 compilation boundary and results through December 31, 2027. Earlier editions and later dates require separate review. The bundled national holiday calendar does not infer an additional day declared by the President or Congress, actual clerk inaccessibility or a contrary order. The boundary is not a finding that an actual filing is late.

Fictitious example

Fictitious independently established final and nonappealable judgment date. The ordinary procedure applies, with no different statute or court order.

Fictitious facts. Effective service, statutory finality, motion effects, entitlement and actual court access are independently established assumptions. The calculator does not determine them.

Different statute or order

Rule 54(d)(2)(B) expressly yields to a statute or court order prescribing otherwise. The calculated ordinary period cannot override that source.

Fees as damages

Rule 54(d)(2)(A) excludes fees that substantive law requires to be proved at trial as an element of damages. A postjudgment date does not revive that proof requirement.

EAJA application

A fee claim under section 2412(d) has statutory eligibility and application requirements, including the amount and itemized time and rates under (d)(1)(B). The calculator does not establish those facts or the United States’ lack of substantial justification.

Trial sanctions

Rule 54(d)(2)(E) excludes fee claims as sanctions under the rules or 28 U.S.C. 1927 from subparagraphs (A)–(D). Identify the governing sanctions procedure separately.

Extensions and actual orders

Read the actual rule, statute and order. RCFC 6(b)(1) has good-cause and excusable-neglect branches, while the controlling fee statute may impose separate limits. A request does not establish a granted extension or override a statutory requirement.

Clerk inaccessibility and calendar scope

The calculator covers independently established events on or after the retained July 27, 2026 compilation boundary and results through December 31, 2027. Earlier editions and later dates require separate review. The bundled national holiday calendar does not infer an additional day declared by the President or Congress, actual clerk inaccessibility or a contrary order. The boundary is not a finding that an actual filing is late. Under RCFC 6(a)(3)(A), actual last-day clerk inaccessibility extends filing to the first accessible day that is not a weekend or legal holiday, unless the court orders otherwise.

• Use the ordinary Rule 54(d)(2) motion only after establishing statutory finality, the fee authority and no different statutory or court-ordered time. This calculation does not establish EAJA eligibility or entitlement.
• This page does not grant an extension, establish fee or costs entitlement, decide finality or detect a motion, appeal, settlement or later order.

• Identify the statute, rule or other ground establishing fee entitlement.
• Determine whether the claim uses a motion, trial proof or a separate sanctions procedure.
• Preserve the independently established final-and-not-appealable judgment date.
• Check statutory and court-ordered timing and any EAJA-specific application requirements.
• Specify the judgment, fee authority and amount sought, and disclose agreement terms if ordered.
• File and separately serve the completed motion with required supporting material.
• Unless a statute or court order sets a different time, RCFC 6(a)(4) ends electronic filing at midnight Eastern Time. Other filing uses scheduled clerk closing, subject to RCFC 77.1(a). That rule states ordinary business-day hours of 8:30 a.m. to 4:30 p.m. Eastern and provides a night box until midnight for papers due that business day. Confirm current access, the actual method and a completed filing. Filing and effective service are separate acts.