Legal Memorandum: Award of Attorney's Fees

Issue: Under federal law, may attorney’s fees be awarded after a supplemental proceeding?

           Section 2202 provides: “Further necessary or proper relief may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.” 28 U.S.C. § 2202 (1993).

The relief which may be awarded need not be requested in the complaint nor proven in the initial § 2201 proceeding.  See Gant v. Grand Lodge of Texas, 12 F.3d 998, 1002 (10th Cir. 1993); Edward B. Marks Music Corp. v. Charles K. Harris Music Publ’g Co., 255 F.2d 518, 522-23 (2d Cir. 1958); Alcoa S.S. Co. v. Velez, 285 F. Supp. 123, 124 (D.P.R. 1968).  As the court noted in Gant:

The Declaratory Judgment Act provides that further necessary or proper relief based on a declaratory judgment may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by the judgment.  This is broad enough to permit the court to grant additional relief long after the declaratory judgment has been entered, provided that the party seeking relief is not barred by laches.  The declaratory judgment does not merge a claim in the judgment or bar it.  Accordingly, the rule […]

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