(d) Costs; Attorney’s Fees

(1) Costs Other Than Attorney’s Fees. Unless a statute, these rules, or a chancery court order provides otherwise, costs--other than attorney’s fees-- should be allowed to the prevailing party, when a motion for such costs is filed no later than 21 days after the entry of judgment. But costs against the State of Wyoming, its officers, and its agencies may be imposed only to the extent allowed by law. (2) Attorney’s Fees. (A) Claim to Be by Motion. A claim for attorney’s fees and allowable costs shall be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages. (B) Timing and Contents of the Motion. Unless a statute or a chancery court order provides otherwise, the motion must: (i) be filed no later than 21 days after the entry of judgment; (ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award; (iii) state the amount sought or provide a fair estimate of it; and (iv) disclose, if the chancery court so orders, the terms of any agreement about fees for the services for which the claim is made. (C) Proceedings. Subject to Rule 23(g), the chancery court must, on a party’s request, give an opportunity for adversary submissions on the motion in accordance with Rule 43(c) or 78. The chancery court may decide issues of liability for fees before receiving submissions on the value of services. The chancery court must find the facts and state its conclusions of law as provided in Rule 52(a). (D) Special Procedures; Reference to a Master. The chancery court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. Also, the chancery court may refer issues concerning the value of services to a special master under Rule 53 without regard to the limitations of Rule 53(a)(1). (E) Exceptions. Subparagraphs (A)-(D) do not apply to claims for fees and expenses as sanctions for violating these rules. (3) Contents of the Motion. Unless a statute or a chancery court order provides otherwise, any motion must: (A) specify the judgment and the statute, rule, or other grounds entitling the movant to the award; (B) state the amount sought or provide a fair estimate of it; and (C) disclose, if the chancery court so orders, the terms of any agreement about fees for the services for which the claim is made. History: Adopted September 21, 2021, effective De- cember 1, 2021.