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. 3B: Procedures for Interim Payments to Service Providers in 

Non-Death Penalty Cases

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

under 18 U.S.C. § 3006A(e), outlining payment procedures and specifically 

addressing payment for actual expenses, travel, and compensation of persons 

providing investigative, expert, and other services under subsection (e). See:

Sample Memorandum Order, below.

2. If excess compensation 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 order.

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

CJA claims coordinator.

4. Form CJA 21 should be submitted 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 21 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 

(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.
Guide to Judiciary Policy, Vol. 7A, Appx. 3B Page 2

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. 3B Page 3 

Sample Memorandum Order

(To Be Used in Non-Death Penalty Cases)

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

(CJA), 18 U.S.C. § 3006A, in the Case of

Number: ___________________________________

RE: Interim Payments for Services Other Than Counsel

Because of the expected length of the trial in this case, and the anticipated hardship on 

persons providing services pursuant to subsection (e) of the CJA for such a period 

without compensation, in accordance with Guide to Judiciary Policy (Guide), Vol 7A, 

§ 310.60, 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 subsection (e) shall submit to the court clerk, twice 

each month, an interim Form CJA 21, 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 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 3

outlines the procedures and rules for claims by persons providing services pursuant to 

subsection (e) 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 

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.
Guide to Judiciary Policy, Vol. 7A, Appx. 3B Page 4 

[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.

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. 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. 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.

2. Reimbursable Expenses

Persons providing services under subsection (e) 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 
Guide to Judiciary Policy, Vol. 7A, Appx. 3B Page 5 

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 under the CJA can generally be 

found in (1) 18 U.S.C. § 3006A; (2) the Plan of the United States District Court for 

__________________, available through the clerk; and (3) Guide, Vol. 7A (Guidelines 

for Administering the 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.

 __________________________________________________________

 United States District Judge Date

 Approved:

 ________________________________________________________

 Chief Judge of the United Date

 States Court of Appeals for the

 ______ Circuit