Sisolak v. Briarwood Sportsman’s Club, 2010 WL 4483387 (App. Div. Nov. 10, 2010). This opinion states that while it is “generally preferable to have counsel fee applications filed contemporaneously with, or shortly after, the entry of a final order disposing of litigation,” “extenuating circumstances” can justify a modest delay, within the “residual discretion of the trial court.” Examples of such extenuating circumstances are where the billings and disbursements are such as to take considerable time to assemble, where the attorney who must certify to the submission is not available, or where the movant is awaiting review of bills by the insurer or is in negotiations that might resolve the fee issue without a motion. Here, there was no prejudice and the defendant insurer was able to make all its arguments against fees.
Fee Applications Can Sometimes be Made Later
