Prior Authorization

The $ limit on obtaining services without prior authorization applies to non-capital and capital cases. 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, timely procurement of necessary services could not await prior authorization. [18 U.S.C. § 3006A(e)(2)(B)] [Guide, Vol. 7, § 310.20.30]

Limitation on Fees and Expenses

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. It does not apply to the cost of transcripts. [Guide, Vol. 7, § 320.30.10]

For cases commenced before April 24, 1996, see Guide, Vol. 7, § 660.10.20 and § 660.20.30.

Click here to find the current statutory limits.