Budgeting In Capital Habeas Representation

Budget Phases

There are four budget phases for most capital habeas representations:

• Phase 1 – Appointment, Records Review, and Preliminary Investigation
• Phase 2 – Petition Preparation, Answer, and Exhaustion
• Phase 3 – Motion for Evidentiary Hearing and Briefing of Claims; Discovery
• Phase 4 – Evidentiary Hearing and Final Briefing

Budget Applications

Petitioner’s counsel must prepare a budget request for each phase, as well as budget amendments if more hours are needed during a particular phase.

Once the forms are completed, you will need to create a CJA26 in eVoucher and upload the budget and Confidential Case Evaluation under the DOCUMENT tab.

Fill out the face page of the CJA26  including the total amount of the increased case maximum you are requesting. Confirm and submit the CJA26 through eVoucher.  You will receive an email from the eV0ucher system when your budget has been approved.

Call CJA Supervising Attorney Diana Weiss at 415-522-2822 if you have any questions.