refer to the Non-Appropriated Fund III(A)(2)(g)(i)
* Special qualifications or circumstances necessitating hourly rates in excess of
those listed require the submission of an ex parte memorandum detailing the reasons justifying the higher rate.
Such a memorandum does not guarantee the approval of the request.
The maximum amount that may be disbursed from the Fund in any case is $2,000, unless substantial documentation is provided indicating that additional reimbursement is
warranted. Requests for reimbursement that exceed $2,000 require the completion and submission of a "Preauthorization of Pro Bono Civil Expenses" form. This authorization
requires the approval of both the assigned judge and Chief Judge. Failure to secure preauthorization will result in the denial of a request for reimbursement that exceeds
$2,000.
The list of presumptive hourly rates (Sixth Circuit presumptive rates as adopted by the Eastern District of Michigan eVoucher Ad Hoc Committee) for expert
services apply to civil pro bono cases unless special qualifications or circumstances necessitate an hourly rate in excess of those listed. In such instances, an ex parte
memorandum detailing the reasons to justify the higher rate must accompany the "Preauthorization of Pro Bono Civil Expenses" form. Such memoranda does not guarantee
the approval of the request. Attorneys must refer to the list of presumptive hourly rates located on the Court's website.
(1)Reimbursement of Pro Bono Attorney Expenses in Civil Cases
(a)
Subject to the availability of funds, the Non-Appropriated Fund (Fund) will be used to reimburse attorneys who are acting in connection with the Pro Bono
Civil Assignment Panel for certain expenses associated with the evaluation, preparation or presentation of civil actions in the Eastern District of Michigan.
(b)Applications for reimbursement of pro bono attorney expenses by the Fund are submitted to the Court Administrator
for review and recommendation to the judicial officer to whom the case was assigned for approval. Forms requesting reimbursement are available on the Court's website
and at all Clerk's Office locations in the Eastern District of Michigan.
(c)The Fund may not be used to reimburse attorneys for expenses associated with the preparation or presentation of an
appeal to the United States Court of Appeals or the United States Supreme Court, however the Fund may be used to reimburse attorneys for expenses associated with the
preparation and argument of interlocutory appeals. A pro bono attorney's responsibility to a client continues through entry of judgment and the filing of notice of
appeal if the client wishes to appeal.
(d)The maximum amount that may be disbursed from the Fund in any case is$2,000, unless substantial documentation is
provided indicating that additional reimbursement is warranted. Requests for reimbursement that exceed $2,000 require the completion and submission of a
"Preauthorization of Pro Bono Civil Expenses" form. This authorization requires the approval of both the assigned judge and Chief Judge. Failure to secure
preauthorization will result in the denial of a request for reimbursement that exceeds $2,000.
(e)The list of presumptive hourly rates (Sixth Circuit presumptive rates as adopted by the Eastern District of
Michigan eVoucher Ad Hoc Committee) for expert services apply to civil pro bono cases unless special qualifications or circumstances necessitate an hourly
rate in excess of those listed. In such instances, an ex parte memorandum detailing the reasons to justify the higher rate must accompany the "Preauthorization
of Pro Bono Civil Expenses" form. Such memoranda does not guarantee the approval of the request. Attorneys must refer to the list of presumptive hourly rates
located on the Court's website.
(f)Requests for reimbursement from the Fund may be made ex parte.
(g)Reimbursement from the Fund is limited to the following allowable expenses. Failure to provide receipts
or other written documentation as proof may result in a request being returned for additional information or not being approved.
i) Depositions and Transcripts. Attorneys may order transcripts of depositions
necessary in the preparation of the case. Cost of transcripts may not exceed the page rate for ordinary transcript established in the Eastern District of
Michigan. Attorneys may be required to show that they first attempted to obtain pro bono court reporting services from a member of the Michigan Association
of Professional Court Reporters.
ii) Investigative or Expert Services. Attorneys may request investigative or expert
services necessary in the preparation of the case. Such services require prior approval of the judicial officer to whom the case is assigned.
iii) Travel. Reimbursement may be claimed for travel at the most recent prescribed
rate set by the Director of the Administrative Office of the United States Courts. Distances shown by a standard highway mileage guide may be used as the
basis for such claims, or actual mileage may be shown. The reimbursement request must show the points between which official travel was performed, the total
mileage claimed if by private automobile, and the dates of travel. For further guidance, relevant portions of the Guide to Judiciary Policy, Vol. 19, Ch. 4
may be provided upon request.
iv) Fees for Service of Process.. Attorneys may request reimbursement for fees for service
of papers and the appearance of witnesses.
v) Interpreter Services. Attorneys may request reimbursement for costs of
interpreter services.
vi) Photocopying, Telephone Calls. Attorneys may request reimbursement for out-of-pocket
expenses incurred for photocopying, photographs used in the case, toll calls, etc., only if costs were incurred outside the attorney's office and necessary to the
preparation of the case.
(h)The Fund may not be used to reimburse attorneys for general office expenses, including office overhead, payroll,
equipment depreciation, basic telephone service, etc.
(i)The Fund may not be used to reimburse expenses that may be statutorily recovered or costs or fees taxed
against the party or attorney.
(2)Attorneys' Fees Not Reimbursable from the Fund
Attorneys' fees may not be reimbursed from the Fund. However, in any action or proceeding to enforce a provision of
42 U.S.C.A. §§ 1981, 1981a, 1982, 1983, 1985 and 1986, title IX of Public Law 92-318, the Religious Freedom Restoration Act of 1993, or title VI
of the Civil Rights Act of 1964, the Court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's
fee as part of the costs. 42 U.S.C.§ 1988.
In the event of an award of attorney's fees or costs to pro bono counsel in the course of litigation, the court may order
return to the fund of any payments made from the fund to counsel for fees and expenses in an amount equal to the award.
(3)Requests for Reimbursement
(a)Requests for reimbursement from the Fund must be filed within 60 days of entry of judgment. If the
attorney has withdrawn or been dismissed prior to the entry of judgment, the request for reimbursement must be filed within 60 days of withdrawal or dismissal.
(b)Requests for reimbursement from the Fund must be made on a form available on the Court's website and at
all Clerk's Office locations in the Eastern District of Michigan.
(c)Request for reimbursement must include a completed "Preauthorization of Pro Bono Civil Expenses" form, if
applicable, and all documentation (e.g. receipts, invoices, travel documents, etc.).
Rev. 05/2017
For More Information or Questions... [ + ]
If you need assistance completing any of the forms or have questions about our Pro Bono Program, please contact us at:
