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TexLaw
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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Hi. Quick question, I need to serve an opposition to the

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Hi.

Quick question, I need to serve an opposition to the motion for attorney fees. What is the time for that ?

ZDNlaw :

Hi

ZDNlaw :

Where are you in the course of the litigation (in trial?)

ZDNlaw :

Also, I'm correct in understanding the motion for attorney's fees is based on the offer of judgment?I'm going to switch over to the other messaging system and will be waiting for your response.

Customer: replied 3 years ago.

Also, I'm correct in understanding the motion for attorney's fees is based on the offer of judgment?

YES

Sorry, had to go out for an emergency...

OK, I'm confused.

They have to win the trial before they are going to be entitled to any attorneys fees under the offer of judgment rule. They haven't won the trial yet have they?
Customer: replied 3 years ago.

Hi, sorry for the confusion.

Yes, they have won an Amended Final Judgment but I have objected and the judge has issued an order deeming my objection motion to rehear and ordering to contact her assistant so I am about to set a hearing for April 29th.

Thanks, XXXXX XXXXX need to file the response to the motion for attorney's fees ASAP, but in no case less than three business days prior to the hearing scheduled on the motion.
Customer: replied 3 years ago.

Thank you. I have a few questions though:

Question 1: I assume that my correspondence deemed motion to rehear by order of the judge is not just a pretext to clean her mistake, and that she will not deny what she self-created.

So I have 2 scenarios here, when the opponent's counsel asks me to join the hearing of his motion to the one of the deemed motion, which I find very confusing :

a) he knows already the issue of the hearing, i.e. my deemed motion will be denied, and the amended final judgment will be deemed valid, in which case he would be immediately after taxing his fees to us,

However, in which case his affidavit will need to be updated for the extra costs incurred until then ?

Will come up to the hearing with an updated affidavit and have it adjudged by the Court ? is that normal practice ?

b) a new judgment will be issued, based on the pleadings, in which case his motion is invalid, becuase it is founding itself on present amended FJ, and I don't see the new judgment issued at the hearing ?


In both situations, i dont see why he is insisting to join both hearings, when i beleive they should be one after another with some time to evaluate his fees ?






Question 1: I assume that my correspondence deemed motion to rehear by order of the judge is not just a pretext to clean her mistake, and that she will not deny what she self-created.

A: No, the fact that your letter is being deemed as a motion for rehearing is right.

So I have 2 scenarios here, when the opponent's counsel asks me to join the hearing of his motion to the one of the deemed motion, which I find very confusing :

a) he knows already the issue of the hearing, i.e. my deemed motion will be denied, and the amended final judgment will be deemed valid, in which case he would be immediately after taxing his fees to us,

However, in which case his affidavit will need to be updated for the extra costs incurred until then ?

Yes, he will need to update his affidavit in order to establish any addition costs

Will come up to the hearing with an updated affidavit and have it adjudged by the Court ? is that normal practice ?

b) a new judgment will be issued, based on the pleadings, in which case his motion is invalid, becuase it is founding itself on present amended FJ, and I don't see the new judgment issued at the hearing ?

Yes, it is normal practice. The problem is that generally, the opposition will be an attorney who will be able to offer immediate testimony as an expert that the amount professed in the affidavit is not reasonable. You are not going to be allowed to do this on your own. So what you will need to do is closely inspect the affidavit and make sure that the charges make sense and are at an hourly rate that is reasonable. If there is something on the affidavit that does not m ake sense, you need to object that the problem statement on the affidavit is "without basis and lacks foundation" and then explain why the number doesn't make sense (i.e., "3 hours for writing a one page letter, this is non-sense your honor!")

Having all the hearings at the same time is common practice. If he presents a new affidavit and you want time to inspect it, just tell the judge "your honor I need half an hour or so to go over this affidavit, can we take a short break to allow me to do so?"
Customer: replied 3 years ago.

Ok, i almost got the picture,,, in the case a new judgment is issued, can or should the opponent's counsel file a verbal motion or amend his motion at the hearing, since his present motion is based on present judgment? You say I could have an attorney to witness, can I call other witnesses to support my other contemptions ?

If the new judgment changes the claims he wins on, then yes, he would need to amend his motion, but could do so verbally.

When I say that an attorney could come and testify, this would be something you would have had to disclose during discovery. You can't add new witnesses this late in the game. In regard to the other witnesses question, no, the issue for attorneys fees is the only fact issue on the table. The issue for a rehearing, etc., is going to be based on what happened at the trial. No new witnesses on that matter.
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