This sample motion for costs and attorney fees under Rule 4 in United States District Court is filed pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure on the grounds that the defendant failed to waive service of the summons and complaint and deliberately evaded service. The sample requests the expenses incurred in attempting to serve the defendant as well as the attorney fees incurred in filing the motion. The sample motion on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
________________ DISTRICT OF _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant,
Defendant.
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Case No.
NOTICE OF MOTION AND MOTION MOTION
FOR AWARD OF SERVICE EXPENSES AND
ATTORNEY FEES; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION OF
__________; EXHIBITS
DATE: TIME:
DEPT:
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NOTICE OF MOTION AND MOTION FOR AWARD OF SERVICE EXPENSES AND ATTORNEY FEES

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Be sure to remove this notice and all other notices before using
this document. 1
1TO: DEFENDANT ____________ AND THEIR ATTORNEY OF RECORD HEREIN:
PLEASE TAKE NOTICE that on _________________, at _______.m. or as soon thereafter
as the matter may be heard, in Department ________ of the above-entitled court, located at
_________________________________________, Plaintiff, ______________________will and
hereby does move this Court, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure, for an
order awarding the expenses incurred serving Defendant ________ after they failed to waive service,
as well as the reasonable attorney fees incurred pursuing this motion. This motion seeks the following
relief: an order awarding $________ for service expenses and $_____, for attorney fees as well an
order setting a deadline for payment.
This motion is based upon this notice, the attached memorandum of points and authorities, the
declaration of __________ and Exhibits attached thereto, concurrently filed and served herewith, and
upon such oral and documentary evidence as may be presented to the Court at the time of the hearing.
1Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Be sure to check your local rules to determine if there are any
special requirements for filing a motion for costs and attorney fees
under Rule 4(d)(2) of the Federal Rules of Civil Procedure. Do NOT ask
for attorney fees unless you are represented by an attorney.
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NOTICE OF MOTION AND MOTION FOR AWARD OF SERVICE EXPENSES AND ATTORNEY FEES

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and-attorney-fees-under-rule-4
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NOTICE OF MOTION AND MOTION FOR AWARD OF SERVICE EXPENSES AND ATTORNEY FEES