Presiding judicial officers are urged to permit interim payments in capital cases. [Guide, Vol. 7, § 630.40] Instructions on the procedures to be used for effecting interim payments to counsel of compensation and/or expenses and sample memorandum orders are located in the Guide, Vol. 7, Appendix 2D, Procedures for Interim Payments to Counsel in Death Penalty Cases. [Guide, Vol. 7, § 230.73.20]


If interim payments are requested, a memo should be provided to the court indicating the length of time for which an interim payment will be needed, and demonstrating the need for the interim payment(s).

Order to Counsel

The district court may then issue a memorandum order to counsel, outlining payment procedures and specifically addressing payment for actual expenses, travel, and compensation of counsel. [Guide, Vol. 7, Appendix 2D]

Appointed attorneys must submit a single, separate voucher for each interim payment claim and should attach the court order approving interim payments.