Both court rule and statute in Michigan allow parties to recover attorney fees for domestic relations cases. Sometimes, those fees and costs are awarded as sanctions under MCR 2.114 or MCR 2.625.
However, the trial court needs to have specific information and evidence before it in order to fashion an appropriate award. Although an evidentiary hearing may be requested, it is not necessary if a court makes the award and in its order allows the party against whom fees and costs are assessed to request an evidentiary hearing to challenge that award. Normally, the judge will make it clear that a challenge may subject the objector to further fees and costs to defend.
Several documents should be submitted by the attorney seeking such an award. Recommended support for such a motion are the following:
2) An affidavit in support of the motion from the attorney seeking the award. This affidavit should clearly set forth the factual basis for the award under oath. A sample of such an affidavit may be found here. Download AFFIDAVIT.RE.ATTY.FEES
3) The required factual support to support the award in Michigan is the State Bar of Michigan's Economics of Law Practice in Michigan Report. At this writing, the 2010 report is the most current. Download 2010 Report SBM Economics of Law Practice in Michigan
4) A brief in support is required when one files a motion seeking this kind of relief. Judge David A. Hoort of the 8th Circuit Court in Michigan graciously supplied a memorandum he has prepared for lawyers practicing in his circuit to share with readers of this blog. Download Atty fees Dom Rel Determination The legal support for such a motion is carefully delineated in this memorandum. By the way, you can read and/or subscribe to Judge Hoort's own blog here: http://judgedavidhoort.blogspot.com/
There . . . in a nutshell . . . you have it.
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