Have legal fees ever been awarded from a motion that was withdrawn?
February 7, 2013 1:54 PM Subscribe
I am looking for some memorandum of law wherein attorney fees were awarded in a subsequent motion for costs that were incurred in a previous motion that was (involuntarily) withdrawn. Has this ever happened?
posted by doomtop to Law & Government (10 answers total)
Bonus points if it's a case in Vermont.
An example of where this might be applicable is when a Defendant delays the case such that the motion is withdrawn due to a time limit being exceeded. If the Plaintiff subsequently were to file a new motion and the Court granted the motions, what basis could the Plaintiff use to request legal fees from the previous involuntarily withdrawn motion?