Investigative, expert, or other services necessary to adequate representation are available to persons who are eligible under the CJA, including those who have retained counsel but who are found by the court to be financially unable to obtain the necessary services. [Guide, Vol. 7, § 310.10.10(a)]
Limits on Obtaining Services without Prior Authorization. Prior authorization from the court is required for services other than counsel; however, up to $ per case, excluding expenses, may be expended without prior authorization. Fees expended on services with prior authorization do not count towards the "$ without prior authorization" limit. Panel attorneys may obtain investigative, expert, and other services in excess of the $ limit without prior authorization if necessary for adequate representation, if later approved by the court in the interests of justice, upon a finding that timely procurement could not await prior authorization. [18 U.S.C. § 3006A(e)(2)] [Guide, Vol. 7, § 310.20.30]
Form CJA 21, "Authorization and Voucher for Expert and Other Services" is used for authorization of such services in non-capital cases and by the service providers to submit their claims for compensation and reimbursement of expenses.
Form CJA 31, "Death Penalty Proceedings: Ex Parte Request for Authorization and Voucher for Expert and Other Services" is used for authorization in capital representations and by the service providers to submit their claims for compensation and reimbursement of expenses. [Guide, Vol. 7, § 660.50]
In non-capital cases, with prior authorization, compensation for such services is limited to $ per organization or individual, exclusive of reimbursement for expenses reasonably incurred, per individual authorization. Payment in excess of the $ limit may be made when certified by the presiding judge and approved by the chief judge of the circuit (or an authorized delegate) as being necessary to provide fair compensation for services of an unusual character or duration.
The Sample Request for Advance Authorization for Investigative Expert or Other Services, Guide Appendix 3A (formerly Appendix C) may be used to request advance authorization to obtain services in an amount in excess of the statutory maximum.
See 18 U.S.C. § 3006A(e)(3) and the Guide, Vol. 7, § 310.20.10.
With respect to federal death penalty cases and federal capital habeas corpus proceedings, the fees and expenses for investigative, expert, and other services are limited to $ in any case unless: (1) payment in excess of that amount is certified by the court as necessary to provide fair compensation for services of an unusual character or duration; and (2) the amount of the excess payment is approved by the chief judge of the circuit (or circuit judge delegate). The $ limit applies to the total payments for investigative, expert, and other services in a case, not to each service provider.
The Sample Request for Advance Authorization For Investigative Expert or Other Services, Guide Appendix 3A (formerly Appendix C) may be used to request advance authorization to obtain services in an amount in excess of the statutory maximum.
See 18 U.S.C. § 3599(g)(2) and Guide, Vol. 7, § 660.20.20.
Note: For cases commenced before April 24, 1996, see the Guide, Vol. 7, § 660.10.20 and § 660.20.30.