IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN THE MATTER OF ) GUIDELINES FOR REIMBURSABLE ) ATTORNEY EXPENSES FROM THE ) FEDERAL PRACTICE FUND, )GENERAL ORDER 94- 15 ) The court has determined that the Federal Practice Fund should be accessible to counsel appointed in civil rights cases, and has established guidelines and procedures to equitably make those funds available. Accordingly, IT HEREBY IS ORDERED: 1.The "GUIDELINES FOR REIMBURSABLE EXPENSES FROM THE FEDERAL PRACTICE FUND," attached to this order are adopted by the court, and henceforth all applications for reimbursement from the Fund shall be made in conformity therewith, including in pending cases. 2.The Clerk shall forthwith file a copy of this order in each civil rights case in which counsel has been appointed to represent the plaintiff, and further, shall henceforth include a copy of the Guidelines with each order appointing counsel in such cases. DATED May 2nd, 1994 . BY THE COURT: (signed) LYLE E STROM, Chief Judge United States District Court (signed) WILLIAM G. CAMBRIDGE United States District Judge (signed) RICHARD G. KOPF United States District Judge (signed) THOMAS M. SHANAHAN United States District Judge GUIDELINES FOR REIMBURSABLE ATTORNEY EXPENSES FROM THE FEDERAL PRACTICE FUND The court appreciates the professional services provided by members of its bar in prisoner civil rights cases. To lessen the economic burden on trial attorneys appointed in these cases, the Federal Practice Fund has been established. See NELR 67.4. Its resources are available to appointed counsel in civil rights cases to pay out-of-pocket expenses incurred in representing indigent parties. See also NELR 83.4 (f) and (g). Although the local rule limits amounts payable to those reasonably incurred after advance authorization for those expenses for which no other source of payment exists, these guidelines are intended to authorize you to incur some expenses without prior authorization. They also should answer questions about the nature of reimbursable expenses, and assist you in receiving reimbursement. 1.PRE-AUTHORIZED LIMIT; AUTHORIZATION TO EXCEED. You are authorized to incur reasonable and necessary reimbursable expenses (calculated in accordance with these guidelines) up to $500, without submitting to the court any application for prior authorization. You must obtain advance approval from the court before incurring any reimbursable expense which would take the total of such expenses over $500. For example, if you have incurred reimbursable expenses of $490 and propose to take a deposition, you must apply for advance authorization to incur the expense. The application should be captioned, "Application for Leave to Incur Expenses" and filed in the case, and should set out sufficient information for the court to evaluate the necessity of incurring the expense, the estimate of the amount expected to be needed, and how you have sought to keep that amount to a minimum. Your application may include several items of expense or just one, depending on your knowledge of the anticipated expenses. (If information disclosed in your application will jeopardize your client's position or strategy in the case, you may submit it first to the magistrate judge assigned to the case and seek leave to file it under seal without the service of copies on opposing counsel and parties). File the application sufficiently in advance of incurring the expense to allow the court a few days to reach it; if it is urgent, ask the clerk's staff to walk it down to the magistrate judge who is assigned to the case (Don't do this often). If you incur an expense for which prior authorization was required without receiving that prior authorization, it will not be reimbursed. 2.CLIENT'S RESPONSIBILITY: REPAYMENT. The client should be advised that neither the granting of an application to proceed in forma pauperis nor the appointment of counsel waives the client's responsibility to pay expenses of litigation. NELR 83.11 (h). In addition, the client should be advised that any amounts reimbursed from the Federal Practice Fund must be repaid to the Fund if the case is settled with a payment of money, if fees and costs are awarded under 42 U.S.C.  1988 or other applicable statute, or if plaintiff is awarded money damages. 3.AUTHORIZED EXPENSES; EXAMPLES. Following is a list of expenses which may be incurred and are eligible for reimbursement in accordance with the above provisions. It is not exclusive. a.Lodging and meals. When you are out of town solely on business associated with your appointment, lodging and meal expenses actually incurred up to the government per diem allowance provided for court personnel are reimbursable. Unless prior court approval is granted, the court will not reimburse lodging and meal costs for law clerks, paralegals, secretaries, investigators or others. b.Mileage. Travel costs for appointed attorneys are reimbursable at the applicable government rate. c. Copying. Actual costs up to twenty cents per page for copies of records and documents necessary for case preparation are reimbursable. No reimbursement is available for copies of cases or articles. If a governmental defendant attempts to impose higher copying costs, you should bring this to the court's attention before incurring the costs. d. Computerized research. No reimbursement is available for the cost of services such as Lexis or Westlaw. e. Expert witnesses. Reimbursement is available for expert witness fees and expenses, limited in accordance with government travel regulations pertaining to court employees. f. Depositions. Court reporter fees for depositions of essential witnesses are reimbursable. To keep expenses down, we encourage telephone depositions for out-of-town witnesses, tape-recorded depositions, and forgoing copies of non-essential transcripts. g. Witness and service fees. These are reimbursable. h. Telephone calls and postage. Necessary long distance charges and postage incurred in your representation are reimbursable. Excessive phone calls to and from the client will not be reimbursed, so be careful about accepting repeated collect calls from your client. i. Other, necessary out-of-pocket expenses as justified. 4. PROCEDURE. Counsel are asked to advance reimbursable costs and then file a "Request for Reimbursement." The request should be captioned in the case and should provide a sufficient explanation of the costs to allow the court to understand the need for them. All expenses, even those under the $500 amount, must be explained. If your request exceeds $500, you must state which of the expenses were incurred after the $500 limit was reached, and whether you were given advance approval to incur those expenses. When practicable, we request that you delay filing requests for reimbursement until the representation is completed. (If you file an interim request and disclosure of its contents might jeopardize your client's position or strategy in the case, you may first submit it to the assigned magistrate judge and request that it be filed under seal and not served upon opposing counsel or parties). A copy of your request for reimbursement should be submitted to the Chief Judge, who, under the local rules, is the only person who may authorize the clerk to pay out the funds. You may also submit explanatory materials to the Chief Judge. A copy of the explanatory materials need not be served on opposing counsel or parties, as they will not address the merits of the case.