Rule 39. Attorney Fees and Expenses

(a) Time for filing. An application pursuant to 28 U.S.C. §2412 for award of attorney fees and other expenses in connection with an appeal must be filed with the Clerk within 30 days after this Court's judgment becomes final. See also 28 U.S.C. §2412(d)(2)(G) and 38 U.S.C. §7291(a).

(b) Content. The application, in an original and three copies with proof of service on the Secretary, must be captioned with the name and docket number of the proceeding in this Court for which an award is sought. It must include:

(1) a statement that the applicant is a prevailing party and is eligible to receive an award;

(2) identification of the specific position or positions of the Secretary that the applicant alleges were not substantially justified; and

(3) an itemized statement from the applicant's attorney as to each type of service which was rendered, describing:

(A) the nature of the service;

(B) the actual time expended for which a fee is sought;

(C) the rate at which fees are computed; and

(D) the amount sought;

and an itemized statement of expenses for which reimbursement is sought.

(c) Response. Within 30 days after service of the application, the Secretary shall file and serve a response, stating which elements of the application are not contested and explaining the Secretary's position on those elements which are contested.

(d) Reply. Within 30 days after service of the Secretary's response, the applicant may file and serve a reply addressing those matters contested by the Secretary.

(e) Appendices. The parties shall file as appendices to the application, response, and reply those relevant papers which are not already before the Court.

(Added Feb. 1, 1993; amended June 1, 1993, eff. Oct. 29, 1992; Mar. 11, 1994.)