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.  For the initial phase for each budget, and supplements thereto, counsel must submit an interactive Application for CJA Funds (.docx) and a Confidential Case Evaluation (CCE) (.doc). Counsel must submit these forms via email to the CJA Unit ( with sufficient lead time for the presiding judge to render an order before work can begin.