(a) The party assigned counsel shall bear the cost of any expenses of the
litigation or appeal to the extent reasonably feasible considering the party’s
financial condition. Such expenses shall include, but not be limited to,
discovery expenses, subpoena and witness fees, and transcript expenses. It
shall be permissible for assigned counsel, or the firm with which counsel is
affiliated, to advance part or all of the payment of any such expenses
without requiring that the party remain ultimately liable for such expenses,
except out of the proceeds of any recovery. However, the assigned attorney
or firm shall not be required to advance the payment of such expenses. If
the initial partial filing fee payment is advanced by assigned counsel, that
amount is not reimbursable.
(b) Expenses incurred by counsel assigned under the pro bono program or the
firm with which counsel is affiliated, not otherwise recoverable, may be
reimbursed from the District Court Fund up to $5,000 (as funds are
available). Absent extraordinary circumstances, motions for
reimbursement out of the District Court Fund shall be made within 30 days
after (1) entry of final judgment, (2) conclusion of the action, or (3) an order
granting assigned counsel relief from assignment in the district court, or
reimbursement is waived.
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