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Declaration Regarding Attorneys' Fees and Costs

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DECLARATION REGARDING ATTORNEYS' FEES AND COSTS; EXHIBITS

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

STATE OF HAWAII DIVISION

Plaintiff(s)

Defendant(s)

Form# 3DC02

Reserved for Court Use

Civil No.

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

DECLARATION REGARDING ATTORNEYS' FEES AND COSTS

I declare that I am the attorney for the prevailing party, and I request an award of attorneys' fees pursuant to Hawaiʻi Revised Statutes [check all that apply]:

The amount of the judgment (principal and interest) is anticipated to be $

I. ATTORNEY'S FEES (Select A or B)*

*PLEASE NOTE: In addition to completing section A or B below, you must attach as Exhibit 1 an itemized report of the time spent on the action and to be spent to obtain a final written judgment, the hourly rates, a brief description of the work performed, and the total fees requested.

I have expended and am likely to expend to obtain a final written judgment the following hours at the rate specified below.

Hours: x Hourly Rate: $

Total Fees = $

The attorney's fee incurred in this action is not based on an hourly rate. The agreed-upon fee is $

TOTAL FEES REQUESTED: $

ATTYFEES

DECLARATION REGARDING ATTORNEYS' FEES AND COSTS (continued)

II. OTHER COSTS

I request an award of costs for actual disbursements itemized below pursuant to Hawaiʻi Revised Statutes [check all that apply]:

I have attached as Exhibit 2 true copies of invoices and/or receipts for the requested costs.

*PLEASE NOTE: Do not include filing fees, service costs or mileage in your request for other costs. Such costs should be reflected on the Judgment form but do not require additional court approval.

Item Amount Requested

TOTAL OTHER COSTS REQUESTED: $

I DECLARE UNDER PENALTY OF LAW THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Declarant:

Date:

Print/Type Name:

ORDER

Approved and so Ordered: Attorney's Fees: $ Other Costs: $ .

Judge

ADA Symbol

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the ADA Coordinator at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least ten (10) working days in advance of your hearing appointment date. For Civil related matters, please call or visit the District Court Civil Section at Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 • Kohala Division, 67-5187 Kamamalu St., Kamuela, Ph. (808) 443-2030 • Kona Division, 79-1020 Haukapila St., Kealakekua, Ph. (808) 322-8700.

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What the Declaration Regarding Attorneys' Fees and Costs Is

A Declaration Regarding Attorneys' Fees and Costs is a sworn, written statement used in litigation and settlement contexts to document and quantify an attorney's claimed legal fees and reimbursable costs. It presents the basis for a fee motion or settlement allocation, typically including attorney hourly rates, time entries or summarized hours, itemized expenses, and any billing policies. The declaration is signed by counsel (or an authorized representative), often under penalty of perjury, and may be filed with the court or exchanged with opposing parties to support a request for an award of fees and costs.

Why a Clear Declaration Matters

A well-prepared declaration provides the factual and financial record a court or opposing party needs to evaluate a fee request and reduces disputes over reasonableness or documentation.

Why a Clear Declaration Matters

Who Typically Prepares and Receives This Declaration

Common users prepare declarations to document fees during motions for attorney's fees, settlement negotiations, and billing disputes.

  • Plaintiff and defense counsel preparing a fee motion or supporting settlement allocations.
  • In-house counsel documenting outside counsel invoices for reimbursement or internal accounting.
  • Pro se litigants or parties who must justify costs in small-claims or administrative proceedings.

The declaration’s audience typically includes the court, opposing counsel, mediators, and client representatives who must verify or approve the fee request.

Primary Signatories and Their Roles

Managing Attorney

A senior lawyer or billing partner who certifies hours and rates, explains tasks performed, and signs under penalty of perjury when required; responsible for accuracy and supporting time records.

Client Representative

An in-house or client billing contact who may confirm retainer terms, approve reimbursements, and sign where the declaration requires client authorization or verification of incurred costs.

Core Components to Include in the Declaration

A professional declaration includes discrete sections that let reviewers verify the fee request quickly.

Case Identification

Caption, court, docket number, and short matter description so the declaration is clearly tied to the underlying litigation or settlement.

Attorney Qualifications

Name, title, years of practice, and area of specialization to establish billing rates and expertise relevant to the reasonableness inquiry.

Hours and Rates

Itemized or summarized hours by task and the hourly rate for each timekeeper; explain blended or discounted rates where used.

Itemized Costs

List reimbursable expenses (e.g., filing fees, expert fees, travel) with dates and receipts or reference to attached exhibits.

Legal Basis

Cite statutory, contractual, or rule-based entitlement to fees (e.g., contract clause, statute, rule) and briefly explain the calculation method.

Signature Block

Printed name, title, firm, signature, and date; include statement under penalty of perjury if jurisdiction or local rule requires it.

Step-by-Step: Prepare, Sign, and File the Declaration

Follow these sequential steps to assemble a compliant declaration and reduce processing delays.

  • 01
    Draft the declaration: Populate case caption, factual narrative, and fee breakdown.
  • 02
    Attach supporting records: Include time entries, receipts, invoices, and billing summaries.
  • 03
    Review for accuracy: Confirm math, names, dates, and exhibit cross-references.
  • 04
    Sign and verify: Sign under penalty of perjury if required and date the declaration.

Configure an Online Workflow for the Declaration

Typical digital workflows reduce manual steps; configure fields and authentication before sending to signers.

Field Configuration
Signature Block Require signature and date fields for each declarant.
Attachments Include exhibit upload fields and label file names.
Authentication Enable email verification or SMS code for signer identity.
Audit Trail Capture timestamps, IP, and action history for admissibility.

How eSubmission and Signing Typically Flow

A simple eight-step workflow speeds execution while preserving evidentiary details.

  • Upload Document: Sender uploads the declaration and attachments to the signing platform.
  • Place Fields: Add signature, date, and attachment placeholders where required.
  • Authenticate Signer: Signers verify identity via email, SMS, or stronger methods.
  • Capture Evidence: System logs timestamps, IPs, and produces a completion certificate.

Technical Considerations for Digital Signing

Ensure your signing platform supports required authentication, audit trails, and document formats before e-submitting.

  • File Formats: PDF and Word DOCX are standard and widely accepted for court filings.
  • Integrations: Connectors for Microsoft 365, Google Workspace, and case management systems streamline delivery.
  • Authentication Options: Email link, SMS code, or advanced signer verification for higher-assurance needs.

Confirm the receiving court or opposing party accepts electronically signed documents and preserved audit data.

Security and Compliance Essentials

In-transit Encryption: TLS 1.2/1.3
At-rest Encryption: AES-256
Audit Trail: Timestamped action logs
Certifications: SOC 2 Type II
HIPAA Support: BAA available
Regulatory Compliance: ESIGN and UETA

How This Declaration Differs from Affidavits and Billing Statements

Compare common characteristics so you can choose the correct document type for your purpose.

Characteristic Declaration Affidavit Billing Statement
Notarization Required sometimes often
Under Oath yes (penalty) yes (notarized)
Primary Use fee support evidence of fact invoicing
Filed with Court rarely

Pricing Comparison: eSignature Options for Fee Declarations

This table compares basic pricing and core capabilities for common eSignature providers; plan details and feature availability vary by tier and contract.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Timing Considerations and Typical Deadlines

Deadlines for submitting a declaration depend on local rules, motion schedules, and settlement timelines; confirm court-specific requirements early.

With Fee Motion:

File concurrently with or shortly after the fee motion per local rule

Before Hearing:

Provide to opposing counsel and court the time required by scheduling order

After Settlement:

Include as part of settlement documentation when required

Service Requirements:

Serve per court rules for papers and exhibits

Local Variation:

Deadlines vary widely; consult the local rules or clerk

Key Milestones in Preparing and Filing the Declaration

Use this milestone sequence to plan drafting, review, and filing so deadlines are not missed.

01

Draft and Itemize

Compile time entries and bills into an organized schedule for review

02

Internal Approval

Obtain client or partner sign-off before finalizing the declaration

03

Sign and Authenticate

Sign under penalty of perjury and apply notarization if required

04

File and Serve

File with the court and serve opposing parties per local rules

Common Preparation Pitfalls to Avoid

  • Mismatched names or captions that do not match court filings often lead to administrative rejections or requests to refile.
  • Failing to attach supporting exhibits such as time entries or receipts results in contested fee requests and delays.
  • Rounding or inconsistent timekeeping entries create disputes; present consistent decimals and reconcile to billing records.
  • Using vague descriptions for tasks or expenses invites objections; be specific about dates, work performed, and necessity.

Penalties and Legal Risks from Inaccurate Declarations

Perjury Risk: Possible criminal or contempt exposure
Fee Denial: Court may reduce or deny award
Sanctions: Monetary sanctions or costs
1099 Penalties: Late reporting penalties apply to tax forms
I-9 Violations: Employer paperwork penalties possible
Reputational Harm: Professional credibility affected

Practical Tips for Accurate and Efficient Completion

Follow these practices to improve clarity and defensibility of your fee declaration.

Reconcile Billing Records
Cross-check declared hours against original timekeeping entries and firm invoices to ensure consistency and to prevent disputes over accuracy.
Use Clear Task Descriptions
Describe work performed in plain terms tied to case milestones so a judge or opposing counsel can readily assess reasonableness.
Include Receipts and Exhibits
Attach supporting invoices, receipts, and vendor invoices for expenses rather than relying on generalized expense summaries.
Follow Local Rules
Check the court's local rules for formatting, signature requirements, and timing to avoid needless refiling or procedural objections.

Real-World Examples of Declarations in Practice

These anonymized case notes illustrate how declarations are used by different organizations.

Optica Ventures (COO)

The firm prepared a detailed fee declaration summarizing hours and expenses to support a prevailing party request

  • Attachments included time entries and receipts
  • The clear organization reduced discovery disputes and expedited the court's review, allowing quicker resolution and allocation of costs.

Fertility Centers of Illinois (Founder)

In-house counsel compiled outside counsel invoices and drafted a declaration to justify reimbursement

  • The declaration referenced the retainer and rate schedule
  • This structure streamlined internal approval and provided the opposing party with a transparent accounting of fees and costs.

Frequently Asked Questions About Declarations Regarding Attorneys' Fees and Costs

Answers to common questions about admissibility, signatures, and best practices when preparing declarations.


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