Sample motion for costs and attorney fees under Rule 4
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Sample motion for costs and attorney fees under Rule 4.
This sample motion for costs and attorney fees under Rule 4 in United States District Court is filed pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure on the grounds that the defendant failed to waive service of the summons and complaint and deliberately evaded service.
The sample requests the expenses incurred in attempting to serve the defendant as well as the attorney fees incurred in filing the motion.
The sample has been revised and updated in 2019, is 13 pages and includes
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority,
- Sample declaration, and
- Proof of service.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
Note that the author is NOT an attorney and no guarantee or warranty is provided.