The Court may reimburse pro bono attorneys for some out-of-pocket expenses associated with their appearance in a case that has been staffed pursuant to the Court’s Pro Bono Program. To be eligible for reimbursement, the expenses must be reasonable and necessary, pre-approved by the assigned judge, and supported by proper documentation.
Requesting Pre-Approval for Expenses to be Incurred
Pro bono attorneys must request pre-approval for expenses by filing a Motion for Pre-Approval of Out-of-Pocket Expenses, that outlines anticipated expenses and their estimated cost. Failure to obtain pre-approval may result in the denial of a request for reimbursement. A form of this Motion is available on the Court’s website here. Attorneys must docket their motion using below event in ECF to ensure prompt and accurate processing:
Civil Events → Motions and Related Filings → Motions
Pre-Approval of Out-of-Pocket Expenses (FOR PRO BONO COUNSEL ONLY)
Requesting Reimbursement of Expenses
If the assigned judge pre-approves the anticipated expenses, the pro bono attorney can later file a Motion for Reimbursement of Out-Of-Pocket Expenses, along with supporting documentation, such as receipts and invoices, to request reimbursement. Failure to provide necessary documentation may result in the denial of a request for reimbursement. A form of this Motion is available on the Court’s website here. Attorneys must docket their motion using below event in ECF to ensure prompt and accurate processing:
Civil Events → Motions and Related Filings → Motions
Reimbursement of Out-of-Pocket Expenses (FOR PRO BONO COUNSEL ONLY)
This motion must be filed during the litigation or within a reasonable period thereafter. If the motion is granted, the Clerk will be directed to disburse an amount certain to the attorney. The amount reimbursed might not cover all actual expenses.
Amended or Additional Expense Requests
If the anticipated amount of an expense changes after pre-approval is obtained, the pro bono attorney must supplement or amend the prior request for pre-approval. If expenses are anticipated that were not included in a prior pre-approval motion and order, the pro bono attorney must make a new request for pre-approval in the same manner detailed above. Prior pre-approval or reimbursement does not indicate that subsequent requests will be granted, even for expenses in the same category.
Return of Disbursements
A prevailing party may apply for costs under Federal Rule of Civil Procedure 54 and for attorney’s fees under 42 U.S.C. § 1988, or other fee-shifting statutes. Any application for costs and/or attorney’s fees filed after an expense reimbursement has been made pursuant to the procedure set forth above must list each expense that was reimbursed and its amount. In order that the fund from which reimbursements are made may remain solvent and available to assist future pro bono attorneys, in the event of an award of attorney’s fees or costs to the pro bono attorney in the case, the judge may order return to the Court of any payments made to the attorney for fees and expenses in an amount equal to the award.
Expense Categories
Out-of-pocket expenses in the following categories are eligible for reimbursement:
Reproduction Costs for anticipated out-of-pocket expenses for such items as photocopies, photographs and printing are limited to $0.10 per page for copying of documents. Reimbursement for the copying or printing of documents or delivery services will not be approved if the assigned judge concludes that electronic transmission of the documents would have been sufficient for adequate preparation of a matter.
Court reporter fees will only be reimbursed for the deposition and transcript of witnesses deemed essential to the presentation of the case. To reduce expenses, depositions of out-of-town witnesses should be taken by telephone or video teleconference. Only one form of deposition will be reimbursed (video or transcript), but not both. Attach invoices or a statement which includes the deponent’s name, date of deposition, number of pages, and per page rate.
Mileage may be reimbursed at the rate of reimbursement for official government travel in effect at the time the expense was incurred, plus parking, tolls, and other reasonable transportation costs.
Necessary postage costs, including for express and overnight delivery services if unavoidable, incurred in your representation. Attach invoices and receipts.
Expert witness expenses will be reimbursed only if necessary for the adequate preparation of a matter and prior Court approval is obtained. If a request for pre-approval of expenses is submitted prior to learning that the services of an expert are needed, an additional request for pre-approval that includes the anticipated costs for the expert services must be submitted. The Court may set a limit on expenses related to experts. Attach invoices or receipts.
These fees may be reimbursed only if service by alternative, reduced cost methods is attempted first. Attach invoices, receipts, or copies of checks.
The cost of interpreter services may be reimbursed only if the cost is not otherwise avoided, waived, or recoverable. Attach invoices or receipts.
Additional expenses may be approved by the assigned judge. However, no such additional expenses shall be eligible for reimbursement unless, prior to the expenses being incurred, the attorney shall have obtained the pre-approval of the assigned judge. When requesting reimbursement under this provision, a detailed description of the expenses shall be attached to the request for approval filed with the assigned judge. For other expenses attach receipts, prior approval, and a statement describing expenses. General office overhead, including paralegal fees, are not reimbursable pursuant to these guidelines.