ATTACHMENT II FILED
June 08, 2022
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
UNITED STATES DISTRICT COURT
Reuben Amaro
BY: ________________________________
WESTERN DISTRICT OF TEXAS DEPUTY
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ORDER ADOPTING THIRD AMENDED PLAN FOR THE PAYMENT OF
ATTORNEY FEES AND REIMBURSEMENT OF ATTORNEY EXPENSES IN CIVIL
CASES
On this day came on for consideration the proposed “Amended Plan for the Payment of Attorney
Fees and Reimbursement of Attorney Expenses in Civil Cases”. Having previously forwarded copies or
the proposed amended plan to the district judges or this Court for review and comment and having further
discussed theterms and provisions ofthis amended plan at the Judges Meeting held in San Antonio, Texas
on May 5,2011, a vote or the districtjudges was taken and all district judges in attendance voted in favor of
adopting the amended plan. Upon such approval and there being no objection to the revisions proposed,
the Court finds that the following orders should be entered:
IT IS ORDERED that the attached “Amended Plan for the Payment of Attorney Fees and
Reimbursement of Attorney Expenses in Civil Cases” be and is hereby APPROVED and ADOPTED by
the Court.
IT IS FURTHER ORDERED that this amended plan is effective immediately and made
applicable to all pending attorney appointments in civil cases, and requests for payment ofattorney fees
and reimbursement ofexpenses here in after submitted in accordance with the terms and provisions ofthis
amended plan.
IT IS FURTHER ORDERED that the Clerk shall post a copy of this order and the amended
plan to this Court’s Internet site and further make a certified copy available in each divisional office of the
United States District Clerk for the Western District or Texas, as well as any other place in this district
where the Court does business.
SIGNED, this 8~ day of June 2022.
For the Court:
Orlando Garcia
Chief United States District Judge
UNITED STATES DISTRICT COURT
for the
WESTERN DISTRICT OF TEXAS
THIRD AMENDED PLAN
FOR THE PAYMENT OF ATTORNEY'S FEES AND
REIMBURSEMENT OF EXPENSES IN CIVIL CASES
Amended: June 1, 2022
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
THIRD AMENDED PLAN FOR THE PAYMENT OF
ATTORNEY'S FEES AND REIMBURSEMENT EXPENSES
IN CIVIL CASES
I. Overview of the Program
It has long been the policy of this Court to encourage members of the bar to represent parties
who cannot afford counsel. In furtherance of this policy, the Judges of this Court first adopted a "Plan
for the Reimbursement of Attorney Expenses in Civil Cases" (hereinafter, "the Plan") on May 15, 1985.
At that time, it was determined that when an attorney is appointed to represent an indigent
party in a civil matter, that attorney would be allowed to petition the Court for reimbursement of
certain expenses. These were expenses, as initially defined in the policy section of the Plan, that
would be incurred in the preparation and presentation of the case. Funding for this program would
be obtained from the Court's Non-Appropriated Fund, and the total limit allowable under this
program, as originally enacted, was $300 per case.
In August of 2002, it appearing to the Judges of this Court that the maximum allowable
amount of $300 was grossly inadequate, and further noting that the newly initiated Attorney Renewal
Fee requirement would significantly increase funding into the Non-Appropriated Fund, the Plan was
amended to increase the maximum allowable amount of reimbursement for attorney "expenses" to
$1,500. In July of 2011, this amount was increased to $3,500.
It now appears to the Judges of this Court that the prompt and efficient administration of
justice would be advanced by providing, in addition to certain allowable expenses, reimbursement
of attorney's fees to those members of the bar called upon by the Court to (I) represent parties in
civil cases who cannot afford counsel or (2) serve in an ad /item capacity for a minor child or
mentally incompetent person. At this time, and until modification by this Court, the total amount
of payment of allowable and approved attorney's fees and reimbursable expenses under these
provisions cannot exceed $5,000 for any one attorney in any one case, and said fees must be
supported by an itemized listing of the time spent and reasonable description of services rendered
on specified legal services. Attorney's fees will be claimed at a rate not to exceed the hourly rate
allowed under the Criminal Justice Act, current at the time the services were provided.
Further, the maximum amount for payment of attorney expenses under the provisions of this
Plan remains at $1,500 per case and is inclusive in the total amount of $5,000 awarded in any one
case. Only in rare and exceptional circumstances can this maximum amount be exceeded with
the unanimous approval of the Non-Appropriated Fund Committee.
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II. Restrictions of the Program
A. Only reasonable and necessary attorney's fees and expenses or investigative fees
actually incurred by the claimant are payable under the provisions of this Plan.
B. Any costs or fees that are either waived or recoverable under the provisions of Title
18 or Title 28, United States Code, or which have been recovered under any other plan
of reimbursement shall not be reimbursed from the Non-Appropriated Fund.
Specifically, in any proceeding in which fees and expenses are covered by the
Criminal Justice Act, 18 U.S.C. § 3006A, such fees and expenses shall be paid from
such funds in accordance with the CJA guidelines and not from this Court's Non-
Appropriated Fund.
C. In no case shall an appointed attorney for a party who has been awarded costs or
expert or investigative fees pursuant to a judgment in a suit before this Court be
eligible for reimbursement of costs or expert or investigative fees from the Non-
Appropriated Fund.
III. Procedure for Requesting Reimbursement
A. All requests for payment of attorney's fees or reimbursement of expenses in civil
cases must be filed not later than 30 days of the entry of the judgment. The appointed
attorney shall file with the Clerk's office a request for payment of attorney's fees or
reimbursement of expenses incurred in the preparation or presentation of the case.
The appointed attorney shall first submit the request to the Judge to whom the case
was assigned for review and approval. Upon approval from that Judge, the Clerk will
then forward the request to the Non-Appropriated Fund Committee for final approval.
B. In cases in which an appointed attorney has withdrawn or has been dismissed prior to
entry of judgment, that attorney shall file a request for payment of attorney's fees or
reimbursement of expenses not later than 30 days of withdrawal or dismissal. A copy
of any work product or written product of services obtained for which reimbursement
or payment is requested from the Non-Appropriated Fund shall subsequently be
provided to newly appointed counsel or, where no new counsel is appointed, to the
party for whom counsel had been previously appointed.
C. No interim payments shall be made to counsel for attorney's fees or expenses, absent
a showing to the Judge to whom the case is assigned of extreme hardship on the
appointed counsel. Attorney's fees and expenses may only otherwise be reimbursed
upon the conditions indicated in the next section of the Plan.
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IV. Allowable Fees and Expenses
Attorneys appointed by the Court in civil cases may request payment for the following fees
and reimbursement for the following expenses, subject to approval by the Judge who is assigned the
case and the Non-Appropriated Fund Committee:
A. Attorney's Fees
The maximum total compensation for attorney's fees and expenses in a civil
proceeding is $5,000. If multiple or successive attorneys were appointed by the Court
to represent an indigent party in a civil proceeding (e.g., if appointed counsel is
allowed to withdraw for good cause as determined by the Court, and substitute
counsel is appointed), each appointed attorney may be compensated for fees up to
$5,000. All requests seeking compensation for attorney's fees shall be accompanied
by sufficient documentation to permit the Court and the Non-Appropriated Fund
Committee to determine that the time and services claimed for attorney's fees were
expended and were appropriate and reasonable. To the extent that the services
rendered include a legal assistant performing non-clerical support services, the legal
assistant's time and services may be submitted at a rate not to exceed $50 per hour;
however, such a claim for legal assistant services are included within the maximum
compensation of $5,000.
B. Depositions and Transcripts
Appointed counsel may order written transcripts or depositions necessary in the
preparation of the case. Cost of such transcripts shall not exceed the page rate for
ordinary copy established in the Western District of Texas. Only the cost of the
original of any transcript shall be allowed; the costs of additional copies shall not be
reimbursed. In the interest of efficiency and cost effectiveness, appointed attorneys
are encouraged to use audio tapes for depositions. If audio-tape depositions are used,
transcription of the deposition may be reimbursed at the ordinary page rate established
in the Western District of Texas. The cost of video depositions must be approved in
advance by the Judge or the Non-Appropriated Fund Committee, if reimbursement is
to be requested.
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C. Investigative or Expert Services
1. Counsel may request investigative or expert services necessary for the reasonable
preparation of a matter. Such services must have prior court approval by the Judge
to whom the case is assigned to be considered for reimbursement under this Plan by
the Non-Appropriated Fund Committee. If necessary, the request for approval may
be made ex parte so that the applicant can avoid revealing trial or case strategy. The
trial court shall approve such a request if it determines that the services are reasonably
necessary to the prosecution of the applicant's claim. In making this determination,
the Court may look by analogy to the standard set for approval of investigative or
expert services in 21 U.S.C. §§ 848(q)(9).
2. Counsel should note that approval for this type of expenditure from the Non-
Appropriated Fund is not automatic and should be prepared to explain and justify the
reasons for its use.
3. Failure on the part of counsel to obtain prior approval of the request may result in
a denial of reimbursement by the Judge or the Non-Appropriated Fund Committee.
D. Travel Expenses
Travel by privately owned vehicle for trips in excess of 50 miles each way may be
claimed at the mileage rate authorized for federal employee’s current at the time of
travel. In addition, out-of-pocket expenses for reasonable parking fees may also be
reimbursed.
E. Fees for Service of Process
Fees for service of papers and the appearance of witnesses that are not otherwise
voided, waived, or recovered may be reimbursed from the Non-Appropriated Fund in
accordance with the applicable procedures.
F. Interpreter Services
Costs of interpreter services not otherwise voided, waived, or recoverable, may be
reimbursed from the Non-Appropriated Fund in accordance with the applicable
procedures.
G. Photocopying, Telephone Calls, Etc.
Actual out-of-pocket expenses incurred for items such as photocopying, photographs
used in the case, toll calls, and the like may be reimbursed from the Non-Appropriated
Fund in accordance with the applicable procedures. Such expenses must be
reasonably necessary to the preparation of the case.
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H. Computer-Assisted Legal Research
Actual out-of-pocket expenses related to computer-assisted legal research must be
accompanied by usage statements, along with an explanation of the amount claimed
(e.g., proration of a monthly charge or charges identifiable to the specific research),
and the total time spent using the computerized system for research, and the applicable
database and rate, relating to the civil proceeding the subject of the court appointment.
Such expenditure may be considered to be reimbursed from the Non-Appropriated
Fund in accordance with the applicable procedures.
V. Non-Allowable Expenses
The following expenses shall be considered to be nonallowable for reimbursement out of the
Non-Appropriated Fund pursuant to this Plan:
A. General office expenses, including office overhead, secretarial overhead, payroll costs,
equipment depreciation, basic telephone service, and the like shall not be reimbursable
under this Plan.
B Any expenses not properly documented with receipts or other proof may be
disallowed by the Judge or the Non-Appropriated Fund Committee.
C. Expenses that may be statutorily recovered, or costs or fees taxed against a party or
appointed counsel shall not be reimbursed by this Plan.
VI. Appendices: Fees and Expenses Claim Documents
The following documents, copies of which are attached hereto as Appendices "A" through
"C", should be used when submitting a claim under the provisions of this plan.
Appendix A: Claim For Payment of Attorney's Fees and Expenses.
Appendix B: NAF Civil Case Expense Worksheet and Instructions.
Appendix C: NAF Civil Case Hourly Fees Worksheet.
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APPENDIX: A
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
DIVISION
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INSERT STYLE OF § INSERT CIVIL ACTION NO.
CASE §
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CLAIM FOR REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES
I was appointed by the Honorable (lnsert Name of Judge), Untied States District Judge, to represent
(Insert Name of Client) in the above captioned case. Final judgment was entered on (lnsert date of Judgment)
or I withdrew or was dismissed from the case on (lnsert date of withdrawal or dismissal) prior to entry of a
judgment. (Strikeout inapplicable wording.)
In accordance with the provisions of the Amended Plan for the Payment of Attorney's Fees and
Reimbursement of Expenses in Civil Cases, I am re questing reimbursement for fees and expenses as
follows:
Attorney's Fees Claimed:
Expenses Claimed:
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Total Amount Claimed:
I have attached to this Claim a detailed Hourly fees Worksheet (with a descript ion of services
rendered) or a Report of Expenses Claimed Worksheet, as appropriate, along with all required receipts.
Page l of 2
I certify the above attorney's fees and expenses were included in the preparation and
presentation of this case; that these attorney's fees and expenses do not include any costs either
waived or recoverable under the provisions of Title 18 or Title 28, United States Code, or which
have been recovered under any other plan; and no attorney ' s fees or expenses were awarded
pursuant to a judgment before this Court.
INSERT SIGNATURE BLOCK OF ATTORNEY
AND SIGN
_____ Pending approval from the Non-Appropriated Fund Committee, the above claim for
payment of attorney's fees is APPROVED in the amount of $_________________
_____ Pending approval from the Non-Appropriated Fund Committee, the above claim for
reimbursement of expenses is APPROVED in the amount of $_____________
______ The above claim for reimbursement is DENIED.
Date UNITED STATES DIST RICT JUDGE
Page 2 of 2
APPENDIX: B
CIVIL CASE HOURLY FEES WORKSHEET
Support for Claim of Reimbursement of Attorney's Fees from the Non-Appropriated Fund Case Number:
SERVICES PROVIDED
PREPARE
PREPARE PREPARE PREPARE AND/O R
AND REVIEW AND PREPARE AND FOR AND REVIEW
CASE REVIEW ATT'END ATTEND PRETRIAL INVESTIGATIVE TRAVEL
DATE DESCRIPTION OF SERVICE DOCUMENTS PLEADINGS DEPOSITIONS MEDIATION MATERIALS WORK T IME OTIIER
Page Total 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Grand Total 0.0
INSTRUCTIONS
Date Column
Insert actual date of service. Dates must be in chronological order.
Description Column
Attorney must provide: brief, but appropriately detailed description of services noted in "Services Provided" columns per following examples:
Services Provided Column Headings Description Column Example
Prepare and Review Case Documents Interrogatory's
Request for Production of Documents
Request for Admissions
Discovery
Prepare and Review Pleadings Motion to Compel
Motion for Summary Judgment
Motion for Dismissal
Motion to T rans fer Judgment
Motion for Continuance
Prepare For and Attend Depositions
Prepare For and Attend Mediation
Prepare and/or Review P1ꞏetrial Mate rials: Motions in Limine
Witness Lists
Exhibit Lists
Travel Time
lnvestigative Work: Interviews
Review Private Investigator Reports
Other: Other services not classified above.
Columns
Indicate hours logged on each dale, for each service provided, in appropriate column.
Note: Prepare separate worksheets for different CJA hourly rates. Multiply hours by CJA rate effective on date of service. Current and historical
CJA rate information can be found at http://www.txwd.uscourts.gov/cja/dc fault.asp
APPENDIX: C
CLAIM FOR REIMBURSEMENT OF ATTORNEY'S FEES AND/OR
REIMBURSEMENT OF EXPENSES FROM THE
NON-APPROPRIAT ED FUND
Civil Case Number:
Date Court Approved Expenses:
TYPE OF EXPENSE AMOUNT
Depositions and Transcripts:
Investigative or Expert Services:
Investigative:
Ex pe rt:
Travel Expenses
Mileage at $ per mile:
Parking:
Lodging:
Fees For Service of Process:
Interpreter Services:
Other
Photocopying:
Photographs:
Telephone Toll Calls:
TOT AL EXPENSES CLAIMED: $ 0.00
X
Signature Date
Supporting documentation, such as receipts, must be attached to this worksheet
