(a) When awarded. In addition to costs, disbursements and additional allowances awarded pursuant to sections eight thousand two hundred one through eight thousand two hundred four and eight thousand three hundred one through eight thousand three hundred three of this chapter, and except as otherwise specifically provided by statute, a court shall award to a prevailing party, other than the state, fees and other expenses incurred by such party in any civil action brought against the state, unless the court finds that the position of the state was substantially justified or that special circumstances make an award unjust. Whether the position of the state was substantially justified shall be determined solely on the basis of the record before the agency or official whose act, acts, or failure to act gave rise to the civil action. Fees shall be determined pursuant to prevailing market rates for the kind and quality of the services furnished, except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings.
§ 8601.Fees and other expenses in certain actions against the state.
Article 86. Counsel Fees and Expenses in Certain Actions Against the State · Last amended 1990 · Last verified July 21, 2026
In one sentenceSection 8601 requires a court to award fees and other expenses to a prevailing party in a civil action against the state unless the state's position was substantially justified or special circumstances make an award unjust, and sets a 30-day deadline and content requirements for the fee application.
Full Text of CPLR 8601
(b) Application for fees. A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application which sets forth (1) the facts supporting the claim that the party is a prevailing party and is eligible to receive an award under this section, (2) the amount sought, and (3) an itemized statement from every attorney or expert witness for whom fees or expenses are sought stating the actual time expended and the rate at which such fees and other expenses are claimed.
Plain-English Summary
Section 8601(a) is the heart of Article 86. It tells a court that, on top of the costs, disbursements, and additional allowances already available under other parts of the CPLR, the court must award fees and other expenses to a prevailing party, other than the state, in a civil action against the state. The court can decline only on one of two grounds: the state's position was substantially justified, or special circumstances would make an award unjust. The section directs the court to judge whether the state's position was substantially justified using only the record that was before the agency or official whose act or failure to act led to the lawsuit.
The section also fixes how fees are measured and limits what can be charged. Fees are set at prevailing market rates for the kind and quality of the work performed, but a party cannot recover fees or expenses for any part of the litigation that it unreasonably protracted. That last limit ties the award to efficient litigation conduct on the winning side, not just to a win on the merits.
Section 8601(b) then sets the procedure for claiming an award. A party seeking fees must submit an application within thirty days of final judgment. The application must show the facts supporting the claim that the party is a prevailing party eligible for an award, state the amount sought, and include an itemized statement from every attorney or expert witness for whom fees or expenses are claimed, showing the actual time spent and the rate charged.
Frequently Asked Questions
When must a court award fees under section 8601?
When a prevailing party, other than the state, wins a civil action against the state, the court must award fees and other expenses unless the state's position was substantially justified or special circumstances make an award unjust.
How does a court decide whether the state's position was substantially justified?
Section 8601(a) says that question is decided solely on the record before the agency or official whose act, acts, or failure to act gave rise to the civil action.
How is the fee amount calculated?
Fees are set at prevailing market rates for the kind and quality of the services furnished, though fees and expenses cannot be awarded for any part of the litigation that the party unreasonably protracted.
How soon must a party apply for fees?
Section 8601(b) requires the application within thirty days of final judgment in the action.
What must a fee application under section 8601 include?
It must set out the facts showing the party is a prevailing party eligible for an award, state the amount sought, and attach an itemized statement from every attorney or expert witness for whom fees or expenses are claimed, showing actual time expended and the rate charged.
Are these fees on top of other costs already allowed against the state?
Yes. Section 8601(a) makes the award additional to costs, disbursements, and additional allowances awarded under the other cost provisions of the CPLR, except where a statute specifically provides otherwise.
Amendment History
Add, L 1989, ch 770, § 1, eff April 1, 1990; amd, L 1990, ch 73, § 2, eff April 1, 1990.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: fees and expenses against the statesubstantially justified CPLR fee awardCPLR 8601 fee application deadlineprevailing party fees against New York stateCPLR 8601 30 day application