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Alternatively, the contract between the parties may provide that the prevailing party is entitled to recover attorney's fees from the losing party. In cases in the federal court system, Title 28, section 1920, of the United States Code provides: [3] [4] A judge or clerk of any court of the United States may tax as costs the following:
Theodore Levin United States Courthouse in Detroit, taken January 2010. Federal Building and U.S. Courthouse in Port Huron, taken August 2003.. The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan.
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The United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
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Under Rule 54(d) of the Federal Rules of Civil Procedure, [2] federal statutes may supersede the default rule of not awarding attorney fees. The Magnuson–Moss Warranty Act is one such federal law. [ 5 ] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously ...
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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.