Alaska Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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How to fill out Sample Letter For Plaintiff's Response To Defendant's Motion For Attorneys Fees?
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FAQ
The American rule for attorney fees requires each party to pay its attor- ney, win or lose; the English rule (applicable in most of the world) requires the losing party to pay the winner's reasonable attorney fees.
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
For example, the Alaska statute of limitations is three years for contracts and two years for personal injury and personal property damage cases. If you don't file within the proper period, you lose your right to sue.
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party.
The ?American Rule? states that each party pays its own attorneys' fees, regardless of who is the prevailing party.
To bring a lawsuit, the plaintiff files a document called a complaint with the court. The complaint explains what the dispute is about and states what relief the plaintiff is asking for. The defendant then has a chance to file a document called an answer.
Suing for legal fees is common in many lawsuits. However, just because you sue for legal fees doesn't mean the judge will give them to you. Some states have laws that require the party that loses a lawsuit to pay the winning side's legal fees in certain cases. These are called prevailing party provisions.
Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal, which judgment or notice concludes the action as to that party.
