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iconUpArrow Rule 39-3 11th Cir. R. (2020 Version)

RULE 39-3 | FEE AWARDS TO PREVAILING PARTIES UNDER THE EQUAL AGeneral ProvisionsESS TO JUSTICE ACT

(a) An application to this court for an award of fees and expenses pursuant to 28 U.S.C. §2412(d)(1)(B) must be filed within the time specified in the statute. The application must identify the applicant, show the nature and extent of services rendered, that the applicant has prevailed, and shall identify the position of the United States Government or an agency thereof which the applicant alleges was not substantially justified.

(b) An application to the court pursuant to 5 U.S.C. §504(c)(2) shall be upon the factual record made before the agency, which shall be filed with this court under the procedures established in FRAP 11 and associated circuit rules. Unless the court establishes a schedule for filing formal briefs upon motion of a party, such proceedings shall be upon the application papers, together with such supporting papers, including memorandum briefs, as the appellant shall submit within 14 days of filing of the record of agency proceedings and upon any response filed by the United States in opposition thereto within the succeeding 14 days.
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