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INSTRUCTIONS FOR CJA 21
AUTHORIZATION AND VOUCHER FOR
EXPERT AND OTHER SERVICES
Read these instructions carefully before completing the form. Accuracy
and thoroughness will aid in the prompt payment of the claim.
This form is an interactive pdf file. You may fill out the document online before printing (if you experience any problems, please download the latest version of Adobe Acrobat at www.adobe.com); otherwise, write legibly with a ball point
pen (preferably black or dark blue ink). If the form is system generated, Items 1 through 10 and 14 will be
preprinted on the form. Attach an itemized statement of the services
provided and expenses incurred. Give the date and the number of hours
claimed for each service provided. Provide the dates for, and a description
of expenses incurred. For additional guidance, see the Guidelines
for the Administration of the Criminal Justice Act and Related Statutes
(CJA Guidelines), Volume VII, Guide to Judiciary Policies
and Procedures, which is available for reference in the Clerk's
Office.
All payments made pursuant to this claim are subject to post-audit.
any overpayments are subject to collection, including deduction of
amounts due from
future vouchers.
Refer to 18 U.S.C. § 3006A(e)(1) and the CJA Guidelines on
making Ex Parte applications for services other than counsel.
NOTE: Prior authorization from the presiding judicial officer
should be obtained for all investigative, expert, or other services
where the cost (excluding reimbursement for reasonable expenses) will
exceed $500. Failure to obtain prior authorization will result
in the disallowance of any amount claimed for compensation in excess
of $500, unless the presiding judicial officer, finds that, in the
interest of justice, timely procurement of necessary services could
not await prior authorization.
Compensation may not exceed $1,600, excluding reasonable expenses, unless the
excess amount is certified by the presiding judicial officer as necessary to
provide fair compensation for services of an unusual character or duration, and
the amount exceeding the statutory limit is approved by the chief judge of the
court of appeals (or active appeals court judge to whom the chief judge has delegated
excess compensation authority).
If prior authorization is obtained for investigative, expert or other services
and later it is determined that the cost of the service will exceed the initial
estimate by a significant amount, you should seek, from the presiding judicial
officer, further prior authorization for the additional amount.
| Item 1. |
CIR./DIST./DIV. CODE: This four-character location code is the
circuit or district and divisional office codes of the court where the
proceedings for the person represented are held. |
| Item 2. |
PERSON REPRESENTED: Give the full name of the person whom you
were appointed to represent. |
| Items 3-6. |
DOCKET NUMBERS: Provide the case number or miscellaneous number
assigned by the court. Enter the number using the last two digits of
the calendar year (YY), the sequential number assigned by the court (NNNNNN),
and the defendant number (DDD), as shown on the indictment or charging
document. Thus, the format of the docket number is YY-NNNNNN-DDD. Note: If
two or more cases are heard or tried together for the person represented,
complete a separate voucher for each case in which services are provided
(i.e., docket number listed). Prorate the total time among the cases.
On the supporting documentation, cross reference all related claims for
which costs are prorated. |
| Item 7. |
IN CASE/MATTER OF (CASE NAME): In criminal cases, enter U.S.
vs. Defendant's Name. If it is a multiple defendant case, give
the case cite as provided on the indictment or information (e.g., U.
S. vs. Lead Defendant's Name, et al). If the person represented
is not a defendant (e.g., material witness), enter the first named
defendant in the court's recording of the case. If this is a civil
case (e.g., habeas corpus), enter the Name of the Petitioner vs.
the Name of the Respondent and include the respondent's title.
If other than a criminal or civil case (i.e., miscellaneous matters),
enter "In the matter of" followed by the "Name of the Person
Represented." |
| Item 8. |
PAYMENT CATEGORY: Check the appropriate box that identifies
the offense class for the representation in which the expert or other
services are requested. If "Other" payment category is checked, specify
the category within the scope of the CJA. |
| Item 9. |
TYPE PERSON REPRESENTED: Check the box that defines the legal
status of the person represented. |
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| Item 10. |
REPRESENTATION TYPE: From the list below,
select the code that describes the type of representation:
CC A defendant charged in a criminal
case with an offense(s) that is a felony, misdemeanor, or petty
offense under the U.S. Code, or an assimilated crime under
a state code.
NT A new trial either directed from the court of appeals on
remand or as a result of a mistrial
MA Motion attacking a sentence (28 U.S.C. § 2255)
MC Motion to correct or reduce sentence (Fed.
R. Crim. P. 35)
HC Habeas Corpus, non-capital (28 U.S.C. § 2254)
BP Bail Presentment
WI Material Witness (in custody)
WW Witnesses (Grand Jury, a Court, the Congress,
a Federal Agency, etc.)
PR Probation Revocation
PA Parole Revocation
SR Supervised Release Hearing
EW Extraordinary Writs ( Prohibition, Mandamus)
CH Mental Competency Hearings (See Chapter 313
of Title 18 U.S.Code)
PT Pretrial Diversion
EX Extradition Cases (Foreign)
OT Other types (e.g., line ups, consultations,
prisoner transfer, etc.)
TD Appeal of a trial disposition
CA Other Types of Appeals
AP Appeal From a Magistrate Case to District
Court
FOR DEATH PENALTY CASES, USE THE CJA FORM 31 AND THE APPLICABLE
TYPE OF REPRESENTATION CODE. |
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| Item 11. |
OFFENSE(S) CHARGED: Cite the U. S. Code, title and section,
or other code citation of the offense or offenses (list up to five) with
which the person represented is charged. If other than a federal code
is cited, state the maximum period of confinement authorized for the
offense. If a civil matter, such as a habeas corpus representation or
a motion attacking sentence, cite 28 U.S.C. § 2254 or 28 U.S.C. § 2255,
respectively. For direct appeals from a trial disposition, cite the major
offense (U.S. Code, title and section) at case disposition. |
| Item 12. |
ATTORNEY'S STATEMENT, NAME AND MAILING ADDRESS: Check the appropriate
box to indicate whether the request is for authorization to obtain services,
or approval of services already provided. (Note that prior authorization
is required for compensation of all services in excess of $500.) Indicate
the estimated cost of the services requested. Note the basis for compensation
(e.g., hourly rates, daily rates, fixed fee, etc.). This statement must
be signed and dated by counsel for the person represented (or by the
person proceeding pro se). Check the appropriate box to designate
attorney status as a panel attorney, retained attorney, attorney for
a legal organization (bar association, legal aid agency, or community
defender organization not receiving a periodic sustaining grant under
the CJA), or as a person who qualifies for representation under the CJA
but has chosen to proceed pro se.
Give the complete legal name of the attorney appointed to represent
the person whose name is shown in Item 2. Provide the mailing
address and telephone number of the attorney.
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| Item 13. |
DESCRIPTION OF AND JUSTIFICATION FOR SERVICES: Briefly, describe
the nature of the services requested and the reason services are necessary
to provide adequate representation.
Procedures for Requesting Psychiatric and Psychological Services.
If this is a request for an examination by a psychiatrist or psychologist,
state specifically the purpose of the examination. If the examination
is ordered pursuant to a statute, cite the statute (U.S. Code, title
and section).
The payment procedures for psychiatric and psychological examinations
are outlined below. For further information, refer to paragraph 3.11
of the CJA Guidelines.
1. If this is a court-ordered examination to determine, exclusively,
the mental condition as set forth in 18 U.S.C. §§ 4241-4246, DO NOT
USE THIS FORM, regardless of who requested the examination. Examinations
conducted pursuant to these statutes are considered "non-defense" purpose
examinations. The costs are paid by the Department of Justice, and
claims for these examinations should be submitted to the U.S. Attorney.
2. If this is an examination exclusively for a "defense" purpose
(where the person represented selects the expert and controls disclosure
of the report), USE THIS FORM. The court order executed in Item 15
is sufficient for this purpose.
3. If this is a dual purpose examination for a "non-defense" and
a "defense" purpose, USE THIS FORM. For the convenience of the expert,
the Administrative Office will pay the expert the total amount approved
and obtain reimbursement from the Department of Justice for one-half
of the total amount approved. In order for the Administrative Office
to obtain this reimbursement, a separate court order authorizing
the examination must be attached to the voucher when it is submitted
for payment. This order should indicate (1) who requested the examination,
(2) the specific purpose(s) of the examination, (3) to whom the report
of the examination is directed, and (4) to whom copies of the report
are to be given. This separate order is in addition to the court
order at Item 15, which also must be signed and dated by the presiding
judicial officer.
4. If this is a dual purpose examination for two "non-defense" purposes
(e.g., evaluation of competency to stand trial under 18 U.S.C. § 4241
and evaluation of sanity at the time of the offense under 18 U.S.C. § 4242),
DO NOT USE THIS FORM. Submit the entire claim to the U. S. Attorney
for payment.
Item 14. TYPE OF SERVICE PROVIDER: Check
the box which identifies the type of service provider requested.
If you check the box "Other," be sure to specify the type of service
or service provider. If computer assisted legal research (CALR) is
checked, refer to paragraph 3.15 of the CJA Guidelines for
an explanation of the criteria and procedures for approval of CALR
as a necessary service under the CJA.
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| Item 15. |
COURT ORDER: This court order must be signed and dated by the
presiding judicial officer. An additional court order is not necessary
except for certain psychiatric and psychological examinations as explained
in the instructions for Item 13, or to authorize payment for services
exceeding $300 when prior authorization was not obtained (see Item 23).
Indicate whether full or partial repayment of the cost for these services
was ordered by the court from the person represented by checking "Yes" or "No." |
| Item 16. |
CLAIM FOR SERVICES AND EXPENSES:
COMPENSATION (16a): Enter the total amount claimed for professional
services rendered. On an attachment to the voucher, describe in detail
the services provided, including dates of service and the amount
of time spent (in hours and tenths of hours). State the basis for
the fee claimed (e.g., hourly rate, daily rate, fixed fee).
TRAVEL EXPENSES (16b): Travel related expenses that are incidental
to the representation (e.g., transportation, lodging, meals, car
rental, parking, bridge, road and tunnel tolls, etc.) must be itemized
on a separate sheet, indicating dates the expense was incurred. Attach
supporting documentation (receipts, canceled checks, etc.) for all
travel expenses. Travel expenses by privately owned automobile, motorcycle,
or aircraft should be claimed at the rate in effect for federal
employees at the time of travel. For overnight travel, reasonable
expenses for lodging and meals will be reimbursed on an actual expense
basis; per diem is not allowed. Service providers are limited to
the travel and subsistence expenses of federal employees. The clerk
of court can advise you of applicable rates and federal government
travel regulations.
OTHER EXPENSES (Item 16c): Itemize all reimbursable out-of-pocket
expenses incidental to the services provided. Provide dates and a
brief description of the expense. Submit supporting documentation
(receipts, canceled checks, paid invoice, etc.) for single item expenses
of $50 or more. Do not include general office overhead (e.g., rent,
telephone services, secretarial services) as reimbursable expenses.
The columns provided "FOR COURT USE ONLY" will reflect any
mathematical or technical adjustments to the claim during judicial
approval or required additional review of the chief judge of the
court of appeals (or delegate).
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| Item 17. |
PAYEE'S NAME AND MAILING ADDRESS, TAXPAYER IDENTIFICATION NUMBER
(TIN), CLAIMANT'S CERTIFICATION AND CLAIM STATUS: Provide the complete
name and address of the payee (claimant). The claimant must certify
dates covered in the claim for payment by indicating the date range
for services rendered. Check the box to indicate the status of the
claim as: (1) final payment for the services, (2) an interim payment,
or (3) a supplemental payment (an additional claim submitted after
a the final payment). If this is an interim payment, indicate the interim
payment number. The claimant or payee must sign and date the payment
certification statement prior to submitting the claim to the attorney
for certification that services were rendered and received. Provide
the Taxpayer Identification Number (TIN) to report these earnings to
the IRS. |
| Item 18. |
CERTIFICATION OF ATTORNEY: This section must be completed by
the attorney appointed to provide representation, a retained attorney
whose client is unable to afford the cost of service requested, or by
a person proceeding pro se under the CJA. |
| Items 19-22. |
APPROVED FOR PAYMENT: The court will review, for reasonableness
and compliance with the CJA Guidelines, every claim for compensation
of services rendered and any claim for reimbursement of expenses incurred.
The presiding judicial officer will indicate the amount approved for
payment in each of the payment categories (Items 19-21). These amounts
will reflect any mathematical or technical adjustments made to the claim.
The "TOTAL AMOUNT APPROVED/CERTIFIED" (Item 22) is the
amount approved for payment of the claim, less any amounts to
be withheld in accordance with an interim payment order. Upon
preliminary approval of a claim for more than the $1,600 statutory
threshold, not including expenses, the presiding judicial officer
will (1) signify approval by circling the word "cert" (for word
certified) and indicate the amount approved in Item 22, and (2)
forward the claim to the chief judge of the court of appeals
(or delegate) for additional review and approval of the excess
amount.
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| Item 23. |
SIGNATURE OF THE PRESIDING JUDICIAL OFFICER: The presiding judicial
officer must check the appropriate box to indicate (1) either the cost,
excluding expenses, does not exceed $500, or prior authorization was
obtained, or (2) approval of cost, excluding expenses, exceeding $500
when prior authorization was not obtained but in the interest of justice
the court finds that timely procurement of these services could not await
prior authorization. The presiding judicial officer must sign and date
Item 23, indicating approval/certification of the amount indicated in
Item 22. The court will provide the judge code.
If the amount approved for compensation, excluding expenses, is
less than or equal to the $1,000 statutory limitation, the claim
will be forwarded for payment processing.
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| Items 24-27. |
APPROVED FOR PAYMENT: If the chief judge (or delegate) approves
the excess compensation, the judge will indicate the amounts approved
in each of the payment categories, Items 24-26, and the total amount
approved for payment in Item 27. |
| Item 28. |
SIGNATURE OF CHIEF JUDGE, COURT OF APPEALS (OR DELEGATE): Before
a claim is paid for the excess amount certified, the chief judge of the
appeals court (or delegate) must sign and date Item 28, approving payment
for compensation that exceeds the statutory threshold. If approval is
not granted, compensation will be limited to the statutory maximum for
the representation and expenses approved. The JUDGE CODE will
be provided by court staff. |
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