Last substantive revision (Transmittal GR-17) January 20, 2010 

Last revised (minor technical changes) February 6, 2019

Guide to Judiciary Policy

Vol. 7: Defender Services

Pt. A: Guidelines for Administering the CJA and Related Statutes

Ch. 3: Authorization and Payment for Investigative, Expert, or Other Services

Appx. 3C: Procedures for Interim Payments to Service Providers in 

Capital Proceedings

1. The district court issues a Memorandum Order to persons providing investigative, 

expert, and other services under 18 U.S.C. § 3006A(e), and 18 U.S.C. § 3599(f)

and (g)(2), outlining payment procedures and specifically addressing payment for 

actual expenses, travel, and compensation. See: Sample Memorandum Order, 

below.

2. If excess payment (i.e., more than $7,500 for all such services in a case) is 

anticipated, written approval of the procedure must be obtained from the chief 

judge of the circuit or his or her delegate prior to issuance of the Memorandum 

Order. If excess payment was not anticipated, but becomes apparent during the 

provision of services, approval must be obtained at that point.

3. Once it is issued, a copy of the Memorandum Order should be furnished to the 

CJA claims coordinator.

4. Form CJA 31 should be submitted for each service provider with full 

documentation of all expenses claimed on the voucher.

5. Assign a number to each voucher processed for payment.

6. Item 17 of the Form CJA 31 must be completed to indicate the time period 

covered by the voucher and whether it is for the final payment or for an interim 

payment.

7. If the court has selected OPTION A of the Sample Memorandum Order, the final 

voucher should:

(a) set forth in detail the time and expenses claimed for the entire case;

(b) reflect all compensation and reimbursement previously received;

(c) show the net amount remaining to be paid; and
Guide to Judiciary Policy, Vol. 7A, Appx. 3C Page 2

(d) be approved by the chief judge of the circuit or his or her delegate if the 

total claim for the case is in excess of the statutory limits.

8. If the court has selected OPTION B of the Sample Memorandum Order and 

established intervals for the submission of cumulative vouchers for the balance of 

amounts withheld from the interim vouchers, each cumulative voucher should:

(a) be labeled “Cumulative Voucher”;

(b) set forth in detail the time and expenses claimed for the pre-established 

time interval;

(c) reflect all compensation and reimbursement previously received during the 

pre-established time interval;

(d) show the net amount remaining to be paid; and

(e) be approved by the chief judge of the circuit or his or her delegate.
Guide to Judiciary Policy, Vol. 7A, Appx. 3C Page 3 

Sample Memorandum Order

(To Be Used in Capital Proceedings)

Memorandum to All Service Providers Under Subsection (e) of the Criminal Justice Act 

(CJA), 18 U.S.C. § 3006A, and 18 U.S.C. § 3599(f) and (g)(2), in the Case of

Name: __________________________________

Number: _________________________________

RE: Interim Payments for Services Other Than Counsel

Because of the expected length of the proceedings in this [federal capital prosecution] 

[federal capital habeas corpus case], and the anticipated hardship on persons providing 

services under 18 U.S.C. § 3006A(e), and 18 U.S.C. § 3599(f) and (g)(2), for such a 

period without payment, in accordance with Guide to Judiciary Policy (Guide), 

Volume 7A, § 660.40, the following procedures for interim payments apply during the 

period of time in which you provide services in connection with this case:

1. Submission of Vouchers

Persons providing services under 18 U.S.C. § 3006A(e), and 18 U.S.C. § 3599 (f) and 

(g)(2), shall submit to the court clerk, twice each month, an interim Form CJA 31, Death 

Penalty Proceedings: Ex Parte Request for Authorization and Voucher for Expert and 

Other Services. Compensation earned and reimbursable expenses incurred from the 

first to the fifteenth days of each month shall be claimed on an interim voucher 

submitted no later than the twentieth day of each month, or the first business day 

thereafter. Compensation earned and reimbursable expenses incurred from the 

sixteenth to the last day of each month shall be claimed on an interim voucher 

submitted no later than the fifth day of the following month, or the first business day 

thereafter. The first interim voucher submitted must reflect all compensation claimed 

and reimbursable expenses incurred from the date on which your services were first 

retained to and shall be submitted no later than ; thereafter, the 

vouchers shall be submitted twice each month according to the schedule outlined 

above. Claimants must complete Item 17 of each interim voucher submitted. Each 

interim voucher will be assigned a number when processed for payment. Interim 

vouchers shall be submitted in accordance with this schedule even though little or no 

compensation or expenses are claimed for the respective period. All interim vouchers 

must be supported by detailed and itemized time and expense statements. Guide, 

Volume 7A, Chapter 6 and Chapter 3, outlines the procedures and rules for claims by 

persons providing services under 18 U.S.C. § 3006A(e), and 18 U.S.C. § 3599(f) and 

(g)(2), and should be followed regarding each voucher.

I will review the interim vouchers when submitted, particularly with regard to the amount 

of time claimed, and will authorize compensation to be paid for 80 percent of the 
Guide to Judiciary Policy, Vol. 7A, Appx. 3C Page 4 

approved number of hours. This compensation will be determined by multiplying 80 

percent of the approved number of hours by the applicable rate. I will also authorize for 

payment all reimbursable expenses reasonably incurred.

[Select Option A or B]

OPTION A

At the conclusion of the period during which you provide services in this case, you shall 

submit a final voucher seeking payment of the 20 percent balance withheld from the 

earlier interim vouchers, as well as payment for services rendered during the final 

interim period. The final voucher must set forth in detail the time and expenses claimed 

for the entire case, including all appropriate documentation. A statement should be 

attached to the voucher that reflects all compensation and reimbursement previously 

received, as well as the net amount remaining to be paid at the conclusion of the case. 

After reviewing the final voucher, I will submit it to the chief judge of the circuit, or his or 

her delegate, for review and approval. I will certify that the total payment amount is 

necessary to provide fair compensation for services of an unusual character or duration. 

If the total payment for a service provider does not exceed $7,500, and if it is anticipated 

that the combined payments for all providers of investigative, expert, and other services 

will not exceed $7,500, then I will approve the final voucher.

OPTION B

Every months, counting from the submission date for the first interim voucher, 

until the conclusion of the services, claimants shall submit a cumulative interim voucher 

seeking payment of the outstanding 20 percent balance withheld from all earlier interim 

compensation paid out during the preceding ______-month interval, as well as payment 

for services rendered during the last interim period of the interval. The cumulative 

interim voucher shall be labeled as such and must set forth in detail the time and 

expenses claimed for the entire interval, including all appropriate documentation. A 

statement must be attached to the cumulative interim voucher, which reflects all 

compensation and reimbursement previously received, as well as the net amount 

remaining to be paid at the end of the interval. At the conclusion of the period during 

which you provide services in this case, you shall submit a final cumulative voucher 

seeking payment of the 20 percent balance withheld from the interim vouchers 

processed during the final interval, as well as payment for services rendered during the 

last interim period of the interval. After reviewing the cumulative interim voucher, I will 

submit it to the chief judge of the circuit, or his or her delegate, for review and approval. 

I will certify that the total payment amount is necessary to provide fair compensation for 

services of an unusual character or duration. If the total payment for a service provider 

does not exceed $7,500, and if it is anticipated that the combined payments for all 

providers of investigative, expert, and other services will not exceed $7,500, then I will 

approve the final cumulative voucher seeking payment of the 20 percent balance 
Guide to Judiciary Policy, Vol. 7A, Appx. 3C Page 5 

withheld from the interim vouchers processed during the final interval, as well as 

payment for services rendered during the last interim period of the interval.

2. Reimbursable Expenses

Persons providing services under 18 U.S.C. § 3006A(e), and 18 U.S.C. § 3599(f) and 

(g)(2), may be reimbursed for out-of-pocket expenses reasonably incurred incident to 

the rendering of services.

The following additional guidelines may be helpful:

(a) Case related travel by privately owned automobile should be claimed at 

the rate of ___ cents per mile, plus parking fees, ferry fares, and bridge, 

road, and tunnel tolls. Transportation other than by privately owned 

automobile should be claimed on an actual expense basis. Air travel in 

“first class” is prohibited. For service providers requiring air travel, counsel 

are encouraged to contact the clerk for air travel authorization at 

government rates.

(b) Actual expenses incurred for meals and lodging while traveling outside of 

the city/county of in the course of this representation must 

conform to the prevailing limitations placed upon travel and subsistence 

expenses for federal judiciary employees in accordance with existing 

government travel regulations. For specific details concerning high cost 

areas, counsel should consult the clerk.

(c) Telephone toll calls, telegrams, photocopying, and photographs can all be 

reimbursable expenses if reasonably incurred. However, general office 

overhead, such as rent, secretarial help, and telephone service, is not a 

reimbursable expense, nor are items of a personal nature. In addition, 

expenses for service of subpoenas on fact witnesses are not reimbursable 

but rather are governed by Fed.R.Crim.P. 17 and 28 U.S.C. § 1825. 

3. Further Guidance

Answers to questions concerning services provided pursuant to 18 U.S.C. § 3006A(e)

and 18 U.S.C. § 3599, can generally be found in (1) these statutes; (2) the Plan of the 

United States District Court for ______________, available through the clerk; and (3)

Guide, Volume 7A (Guidelines for Administering CJA and Related Statutes), published 

by the Administrative Office of the U.S. Courts, also available through the clerk. Should 

these references fail to provide the desired clarification or direction, counsel should 

address their inquiries directly to me or my staff.

__________________________________________________________
Guide to Judiciary Policy, Vol. 7A, Appx. 3C Page 6 

United States District Judge Date

Approved:

 __________________________________________________________

Chief Judge of the United Date

States Court of Appeals for the

________Circuit