Can Attorney Fees Be Awarded in Colorado?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether you asked for attorney fees in the complaint and whether a default judgment was entered. If the judgment was not by default, the court has discretion to award damages not asked for in the complaint. We suggest you ask your attorney to review the applicable contract clause or law with you.
Please see the following CO court rule:
RULE 39.5. ATTORNEY FEES ON APPEAL
If attorney fees are otherwise recoverable for the
particular appeal, the party claiming attorney fees shall
specifically request them, and state the legal basis
therefore, in the party's principal brief in the appellate
court. Any opposition to a request for attorney fees shall
be set forth, as pertinent, in either the answer or reply
brief. The appellate court may determine entitlement to and
the amount of any attorney fees for the appeal. In its
discretion, the appellate court may remand to the trial
court or tribunal below the determination of entitlement to
or the amount of any attorney fees.