Up to $ per case, excluding expenses, may be expended on other services without prior authorization, subject to subsequent review. Fees expended on services with prior authorization do not count towards the "$ without prior authorization" limit. Once the "$ without prior authorization" limit is reached, prior authorization is required for all services, unless it is waived by the presiding judge upon a finding that, in the interest of justice, the timely procurement of necessary services could not await prior authorization. [18 U.S.C. § 3006A(e)(2)(B)] [Guide, Vol. 7, § 310.20.30]
With respect to federal capital prosecutions 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 judge delegate). [18 U.S.C. § 3599(g)(2)] [Guide, Vol. 7, § 660.20.20(a)]
The $ limit applies to the total payments of fees and expenses for investigative, expert, and other services in a case (i.e., per representation), not to each service provider individually. [Guide, Vol. 7, § 660.20.20(b)] The $ limit does not apply to the cost of transcripts. [Guide, Vol. 7, § 320.30.10]
For cases commenced before April 24, 1996, see the Guide, Vol. 7, § 660.10.20 and § 660.20.30.
If it can be anticipated that the payments for investigative, expert, and other services will exceed the statutory maximum, advance approval should be obtained from the court and the chief judge of the circuit (or judge delegate). [Guide, Vol. 7, § 660.20.20(d)] The Guide, Vol. 7, Appendix 3A (formerly Appendix C) provides a sample format for requesting this advance authorization.
Click here to read more about policies and procedures for certifying and approving amounts over $ per case.