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Declaration Regarding Attorneys' Fees and Costs

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DECLARATION REGARDING ATTORNEY'S FEES AND COSTS: EXHIBITS

Form #5DC02

IN THE DISTRICT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAI'I

Plaintiff(s)

Defendant(s)

Reserved for Court Use

Civil No.

Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

DECLARATION REGARDING ATTORNEY'S 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]:

§ 607-14 (assumpsi);

§ 666-14 (summary possession);

§ 607-14 (condominium association);

Other [specify statute] §

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

I. ATTORNEY'S FEES Section 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.

A. Fee Based on an Hourly Rate.

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

Hours: x Hourly Rate: $

Total Fees = $

B. Fee Based on an Agreed-Upon Fee (Explain the fee agreement below).

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

Total Fees Requested: $

DECLARATION REGARDING ATTORNEY'S 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]:

§ 607-9;

Other [specify statute] §

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:

Print/Type Name:

Date:

ORDER

Approved and so Ordered:

Attorney's Fees: $

Other Costs: $

Judge

♿

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the District Court Administration Office at PHONE NO. 482-2347, FAX 482-2509, OR TTY 482-2533 at least (10) working days in advance of your hearing or appointment date.

For Civil-related matters, please call 482-2303 or visit the Service Center at 3970 Kāʻana Street, DC Civil Division, Suite 207, Līhu'e, Hawaiʻi 96766.

NOTE:

DECLARATION REGARDING ATTORNEYS' FEES AND COSTS
(FORM # DC02)
IS NOT REQUIRED FOR
FEES OF $500 OR LESS
OR FOR COST OF
FILING FEES, SERVICE FEES
AND MILEAGE

UNLESS OTHERWISE
ORDERED BY THE COURT

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What the Declaration Regarding Attorneys' Fees and Costs Is

The Declaration Regarding Attorneys' Fees and Costs is a sworn statement filed in litigation that itemizes legal fees and out-of-pocket expenses a party seeks to recover. It explains the legal basis for fee recovery, the hourly rates or fee arrangement, the time periods covered, and supporting detail such as invoices, billing records, and receipt-backed costs. Courts use the declaration to evaluate reasonableness and entitlement under statute, contract, or court rule before awarding fees or taxable costs.

Why a Clear Declaration Matters in Litigation

A complete, well-documented declaration helps the court assess entitlement and reasonableness quickly, reduces disputes over billable entries, and supports any fee award under governing law or contract.

Why a Clear Declaration Matters in Litigation

Who Prepares and Who Signs This Declaration

The declarant must be competent to swear to the truth of the entries; inaccurate or incomplete declarations risk denial, sanctions, or evidentiary challenges.

  • Plaintiff counsel preparing fee motions and supporting proof for recovery.
  • Defense counsel submitting lodestar calculations in response or offset.
  • Clients and in-house counsel who review and approve billed entries before filing.

Roles Who Sign and Certify the Declaration

Lead Counsel

An attorney of record who supervised the work and can attest to hours, rates, and case-related services. Their statement provides the court with professional context and justification for the requested fees.

Billing Officer

A firm billing or finance officer responsible for invoice accuracy and cost accounting who can verify the amounts billed and confirm that expenses were actually incurred and are allocable to the matter.

Essential Data Fields in the Declaration

Case Caption: Court name, case number
Parties: Plaintiff and defendant names
Fee Basis: Statute or contract
Detailed Entries: Dates, tasks, hours
Rates: Hourly or flat rates
Costs: Receipts and totals

Step-by-Step: Preparing the Declaration Regarding Attorneys' Fees and Costs

Follow a structured workflow to compile, verify, and present fee and cost items in a court-ready declaration.

  • 01
    Collect Records: Gather invoices, time entries, and receipts for the period at issue.
  • 02
    Organize Entries: Sort by date, task category, and billing attorney for clarity.
  • 03
    Compute Totals: Calculate hours × rates and itemize recoverable costs separately.
  • 04
    Execute Declaration: Declarant signs, dates, and attaches supporting exhibits before filing.

Filing Flow: From Compilation to Court Award

The declaration moves through a predictable sequence from preparation to judicial review; plan each handoff and deadline.

  • Prepare Document: Draft declaration and compile exhibits for court filing.
  • Service: Serve opposing counsel and include proof of service.
  • Court Review: Judge assesses entitlement, reasonableness, and supporting evidence.
  • Award or Reduction: Court issues fee order which may award, reduce, or deny fees.

Key Elements to Include in a Strong Declaration

A well-prepared declaration is concise, substantiated, and organized to help the court evaluate both entitlement and reasonableness.

Clear Basis

Cite the statutory, contractual, or rule-based authority that permits fee recovery and explain the legal standard the court should apply.

Itemized Entries

Provide date-stamped time entries with task descriptions tied to case activities; avoid omnibus billing lines that obscure work performed.

Rate Justification

Explain hourly rates with references to market rates, experience, and prior court approvals where available.

Cost Backup

Attach vendor invoices, receipts, and expense logs to substantiate each claimed cost item.

Redaction and Privilege

Clearly identify any redacted entries and provide a privilege log if necessary to avoid disclosure concerns.

Authentication

Include a signed statement under penalty of perjury that the entries are true and correct, dated and signed by the declarant.

Digital Workflow Settings for Completing and Submitting the Declaration

When preparing the declaration electronically, configure the workflow to capture signatures, attachments, and an audit trail for the court record.

Field Configuration
Signature Signer assigned with email authentication
Attachments Mandatory invoice and receipt uploads
Audit Trail Time-stamped activity log retained
Access Control Role-based permissions for editors and signers

Technical Requirements for eFiling and eSigning

Maintain exportable audit records and attached exhibits so the court or opposing counsel can verify signatures and attachment integrity during review.

  • Document Format: PDF/A or court-accepted PDF
  • Signature Evidence: Audit trail with timestamp and signer attribution
  • Authentication: Email, SMS, or stronger identity verification

Timing Considerations and Typical Deadlines

Meeting procedural deadlines is critical: fee motions and supporting declarations often have specific filing and service timelines in local rules.

Motion Deadline:

Observe local rule timeframes for filing fee motions.

Service Timing:

Serve opposing parties per local civil procedure requirements.

Response Period:

Allow time for opposition briefs and evidentiary challenges.

Hearing Date:

Confirm calendar availability and provide proposed order timeline.

Billing Period Covered:

Specify exact date range for claimed fees and costs.

Risks and Penalties for Inaccurate or Unsupported Declarations

Denial of Fees: Loss of requested recovery if entries lack support
Sanctions: Court may impose monetary or evidentiary sanctions
Fee Reduction: Judges can reduce awards for vague or excessive entries
Privilege Waiver: Over-disclosure risk when supporting attachments are not redacted
Ethics Issues: Misrepresentations may trigger bar or malpractice scrutiny
Re-briefing: Incomplete declarations often require supplemental filings

Common Pitfalls to Avoid When Preparing the Declaration

  • Vague task descriptions that prevent the court from assessing reasonableness.
  • Mixing billable and non-billable entries without clear allocation.
  • Failing to attach vendor invoices or other cost proof.
  • Omitting rate justification or market comparators for elevated rates.

Real-World Examples of Declarations and Digital Workflows

These condensed case notes show how organizations document fees and streamline submission using digital tools and clear declarations.

Optica Ventures LLC — Brian Fitzgibbons

Optica consolidated time entries and attached invoices in a single declaration to support a contractual fee claim.

  • The point: consolidated exhibits reduce reviewer burden.
  • Quote: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Fertility Centers of Illinois — John Butler

Legal team standardized a declaration template and redaction process for sensitive attachments.

  • The point: standardization shortens review cycles.
  • Quote: "The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company."

FAQs and Troubleshooting for Declarations Regarding Attorneys' Fees and Costs

Answers to frequent questions about preparing, signing, and filing the declaration, with practical steps to avoid common problems.


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eSignature Vendor Pricing and Feature Snapshot for Declarations

Compare basic price points and feature availability across common eSignature vendors when selecting a platform to prepare and execute declarations.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

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