INSTRUCTIONS FOR CJA FORM 30
INSTRUCTIONS FOR CJA FORM 30
DEATH PENALTY PROCEEDINGS
APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL
The CJA Form 30 should be used for all death eligible cases,
regardless of whether the death penalty is authorized, not-authorized,
Read these instructions carefully before completing the
form. Accuracy and thoroughness will aid in the prompt
payment of the claim. If possible, use a typewriter to complete
the form; otherwise, write legibly with a ball point pen (preferably
black or dark blue ink). If the form is generated from the
automated system, Items 1-11 and 13 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 dates for, a description
of, and the purpose for any expenses incurred. For additional
guidance, refer to 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.
Appointed counsel may obtain investigative, expert, and
other services necessary for adequate representation in accordance
with the procedures set forth in subsection (e) of the Criminal
Justice Act (as amended), codified in part at 18 U.S.C. §3006A
(CJA) and subsection (q)(9) and (10)(B) of the Anti Drug Abuse
Act, 21 U.S.C. § 848. Prior authorization from the presiding
judicial officer is required for all such services where the
cost, excluding reimbursable out-of-pocket expenses, will
exceed $500. Failure to obtain prior authorization will result
in the disallowance of any amount claimed unless the presiding
judicial officer, in the interest of justice, finds that timely
procurement of necessary services could not await prior authorization.
Payment for these services should be claimed directly by the
service provider on the CJA Form 31.
Vouchers shall be submitted no later than 45 days after
the final disposition of the case, unless good cause is shown
(paragraph 2.21A, cja guidelines). All payments made
pursuant to this claim are subject to post-audit; contemporaneous
time and attendance records, as well as expense records must
be maintained for three years after approval of the final
voucher (paragraph 2.32, cja guidelines). any overpayments
are subject to collection, including deduction of amounts
due from future vouchers.
||CIR./DIST./DIV. CODE: This four-character
location code is the circuit or district, and divisional
office codes for the court where the proceedings whom
the person represented are held.
||PERSON REPRESENTED: Give the full name of
the person whom you were appointed to represent.
||DOCKET NUMBERS: Provide the case 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 in 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
representation is provided (i.e., for each docket
number listed). Prorate the total time among the cases.
On the supporting documentation, cross reference the
voucher number of all related claims for which costs
||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 (e.g., U.S. vs. Lead
Defendant's Name, et al). If this is a habeas
corpus proceeding, enter the Name of the Petitioner
vs. the Name of the Respondent and include the
||TYPE PERSON REPRESENTED: Check the box that
defines the legal status of the person represented.
||REPRESENTATION TYPE: Check one of the following
types of representations:
D1 Habeas corpus (capital)
petition pursuant to 28 U.S.C. § 2254, seeking to
vacate or set aside a state death sentence and Appeals;
D2 Federal capital prosecution, either
trial or direct appeal;
D3 Habeas corpus (capital) petition
pursuant to 28 U.S.C. § 2255 seeking to vacate or
set aside a federal death sentence and appeals;
D4 Death penalty prosecution in federal
court under a state statute or any authority other
than the United States Code, and appeals.
||OFFENSE(S) CHARGED: If the case is a capital
prosecution in federal court, cite the U. S. Code,
title and section, or other code citation of all charges
up to five. List all death-eligible charges first.
If the case is a direct appeal of a federal prosecution,
list all offenses for which the defendant was convicted.
||ATTORNEY'S NAME AND MAILING
ADDRESS AND NAME AND MAILING ADDRESS OF LAW FIRM: Complete Item 11 with the legal name
and address of the attorney appointed to represent
the person whose name is shown in Item 2. If prior
to your appointment for representation, you had a
pre-existing agreement with a law firm or corporation,
including a professional corporation, indicating that
CJA earnings belong to the law firm or corporation,
rather than to the court-appointed attorney/payee,
provide the Name and Mailing address of that law firm
or corporation in Item 13. This information will allow
earnings to be reported to the Internal Revenue (IRS)
on a 1099 Statement as earnings of the law firm or
corporation and not as the earnings of the attorney
appointed. (Note: Information about a pre-existing
agreement, including the Taxpayer Identification Number
(TIN) of the law firm or corporation, should be provided
to the court staff when the attorney is admitted to
the panel or at initial appointment to a case.)
||COURT ORDER: Check the box that describes
the type of counsel appointed. If appointed as a substitute
counsel, give the name of the previous counsel and
the appointment date. If appointed as a "Standby Counsel,"
attach the court order establishing this type of appointment
in accordance with paragraph 2.17 of the CJA Guidelines.
Specific qualifications are required for all counsel
appointed to provide representation in death penalty
cases. See 21 U.S.C. § 848 (q)(5)- (7) and 18 U.S.C.
§ 3005. The remaining portion of the Item will be
completed by the clerk of court or other court-designated
If the court approves interim payments because
of the conditions stated in Box "D," the court should
check this box. The presiding judicial officer or
clerk of court must sign and date this court order
to validate the appointment. Check statement "E,"
if full or partial repayment was ordered by the
court from the person represented at the time of
the appointment. If services were provided prior
to court appointment, the presiding judicial officer
can ratify the previous service by indicating a
"nunc pro tunc" date that covers the services prior
to appointment. No other court order is necessary.
||STAGE OF PROCEEDING: Check the box that corresponds
to the stage of proceeding for services claimed in
Item 15 even if it is anticipated that the work will
be used in connection with a later stage of the proceeding.
CHECK ONLY ONE BOX. Submit a separate voucher for
each stage of proceeding. NOTE: The stage noted
as "Other" under "Other Proceeding" should be used
only for a petition for presidential pardon or clemency,
or other proceeding that cannot fit within the other
||CLAIM FOR SERVICES--CATEGORIES FOR HOURS AND
COMPENSATION: On the applicable lines "a" through
"j" enter the actual time spent in hours and tenths
of hours. Total the number of hours in out-of-court
categories "b" - "j" and enter the total in the "HOURS
CLAIMED" column where required. Multiply the total
hours for in-court and out-of-court time by the allowable
compensation rate. Enter the amount claimed in the
"TOTAL AMOUNT CLAIMED" column for category "a", and
for categories "b" - "j." NOTE: Indicate "Other
Dispositive Motions" only for work related to a motion
to dismiss, motion for summary judgment, or similar
motion to end the entire habeas corpus proceeding.
If services included in-court hearings of one hour
each on separate dates, enter two hours on the form
and attach a sheet indicating one hour for each of
the two dates.
Any mathematical or technical adjustments to your
claim during the judicial approval process or an
additional review will be indicated in the columns
provided on the form under the heading "FOR COURT
||TRAVEL EXPENSES: 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. Counsel should be guided by prevailing
limitations for travel and subsistence expenses of
federal employees. The clerk of court can advise you
on applicable rates and federal government travel
||OTHER EXPENSES: Itemize all reimbursable
out-of-pocket expenses incidental to the representation.
Provide dates and a brief description of the expense.
Submit supporting documentation (a receipt, canceled
check, etc.) for single item expenses in excess of
$50. Reimbursable expenses may include, in some circumstances,
payments to a law student or law clerks for research
and assistance, and the cost of computer assisted
legal research (CALR) when conducted by counsel. See
paragraph 2.27 B and 3.15 of the CJA Guidelines
for an explanation. Fees and expenses for expert attorney
and other consultants in death penalty cases should
be authorized and claimed on a CJA Form 31. The following
are not reimbursable expenses, and should not be claimed:
1. General office overhead, such as rent,
telephone services, and secretarial services.
Totals. Enter the "Grand Total" where required
by adding the total amount claimed for "in-court,"
"categories b - j," "Travel Expenses," and "Other
2. Expenses for items of a personal nature for
the client (e.g., clothes, haircuts).
3. The cost of printing briefs. However, the
cost of photocopying or similar copying service
4. Fact witness fees, witness travel costs, and
expenses for service of subpoenas. These expenses
are not paid out of the CJA appropriation, but
instead are paid by the Department of Justice
pursuant to Fed. R. Crim. P. 17 and 28 U.S.C.
§ 1825. Contact the United States Marshal for
payment procedures. See paragraph 3.13 of the
CJA Guidelines for guidance on payment
of witness fees generally.
5. Filing fees. These fees are waived for persons
proceeding under the CJA.
6. The cost of allowable investigative, expert,
or other services. (See Chapters III and VI of
the CJA Guidelines) such services should
be requested using a CJA Form 31.
7. Compensation taxes. Taxes paid on attorney
compensation, whether based on income, sale, or
gross receipts, are not reimbursable expenses.
||CERTIFICATION OF ATTORNEY/PAYEE FOR PERIOD OF
SERVICE: The person appointed by the court must
certify dates of service for the representation. Indicate
where required, the date range for the services claimed
on the voucher.
||APPOINTMENT TERMINATION DATE, IF OTHER THAN CASE
COMPLETION: If the appointment is discontinued
by order of the court (i.e., substituted counsel or
reasons other than disposition of the defendant's
case such as fugitive defendant, appointment of a
public defender, or retention of counsel by defendant),
give the effective date for termination of appointment.
||CASE DISPOSITION: Indicate case disposition
for the person represented. Select applicable code
from the table below.
Court Criminal and Other Proceedings
by court, or government motion for judgment
of acquittal granted
(PTD matters, other reps. Transfers ,etc)
in Part/Affirmed in Part
in Part/Reversed in Part
||CLAIM STATUS: Indicate, by checking the appropriate
box, whether the voucher is (1) the final payment
for the services, (2) an interim payment, or (3) a
supplemental payment (an additional claim submitted
after a final payment is made). If an interim payment,
indicate the payment number. Complete the remaining
portion of Item 21, and sign and date the affirmation
statement before submitting the claim for court approval.
||APPROVED FOR PAYMENT--COURT USE ONLY: The
presiding judicial officer will indicate the amount
approved for each major category. These amounts will
reflect mathematical or technical adjustments to your
claim. The total amount approved for payment of the
claim, less any amounts withheld for interim payment,
is reflected in the "TOTAL AMOUNT APPROVED."
The "SIGNATURE OF THE PRESIDING JUDICIAL OFFICER"
is required to effect payment of the claim. The JUDGE
CODE will be provided by the court staff.