Chapter 2: Attorney's Fees and Costs on Appeal

Printer-friendly versionPrinter-friendly version
  1. Is a pro se Litigant Entitled to Attorney's Fees on Appeal?

    The short answer is no. While there are bases for appellate attorney's fees under statute and contract in certain circumstances, a pro se litigant (a party who is not attorney and who is representing him/herself) is generally not entitled to attorney's fees for his/her own time spent appealing a case.
     

  2. Can a pro se Litigant Be Liable or Responsible for the Opposing Party's Appellate Attorney's Fees on Appeal?

    Yes. A pro se litigant could be responsible or liable on appeal for the opposing party's attorney's fees. If the opposing party is represented by an attorney on appeal, a pro se litigant could be liable on appeal for the opposing party’s appellate attorney's fees. In the lower tribunal, a pro se litigant may be liable for the opposing party's attorney's fees if authorized by a statute or by an agreement of the parties. However, it remains within the discretion of the Court of Appeals to adjudicated costs and attorney's fees to a party.

    When attorney's fees are claimed pursuant to statute, decisional law, or contract, a request for allowance of attorney's fees in connection with the prosecution or defense of the appeal shall be made in the briefs on appeal or by written motion filed and served prior to oral. 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 Rule 18(A). 3 PYTRAP 18(C)(1)

  3. Is a pro se Litigant Entitled to or Responsible for the Opposing Party's Costs on Appeal?

    The short answer is yes generally. The party that prevails or "wins" on appeal in an appellate proceeding (the prevailing party) is entitled to recover certain costs incurred on appeal, including the fees for filing and for service of process, charges for the lower tribunal clerk’s preparation of the record and other costs that the law permits. Thus, if a pro se litigant is the prevailing party in an appeal, that litigant would be entitled to recover costs incurred on appeal. However, if a pro se litigant is not the prevailing party, that litigant would be liable for the other party’s costs on appeal.

  4. Statement of Costs; Objections. This Rule applies to civil cases only.  A party entitled to costs may, within ten days after the appellate court clerk has given notice that a decision has been rendered, file with the clerk a verified itemized statement of costs on appeal. An adverse party may file objections to the statement of costs within five days after service of such statement. If no objections are filed, the appellate court may compute the costs in accordance with these rules. If objections are filed, the party entitled to costs may reply within five days after service of the objections.  The appellate court shall then determine the amount of costs, if any, to be allowed. 3 PYTRAP 17(A)

  5. How Are Costs incurred on Appeal Recovered?

    To recover costs incurred on appeal, one must file a motion for costs in the lower tribunal within thirty days after the appellate court has issued its mandate.