Appointed-Counsel Fees and Necessary Expenses

(a) Itemized Bill; Copies.

Attorneys appointed to represent indigent persons shall request fees and necessary expenses by submitting an itemized and verified bill of fees and costs, together with a statement of authority for each category of items and, where appropriate, copies of invoices, bills, vouchers, and receipts. Requests shall be submitted on forms that substantially comply with Forms F, H, and I annexed to these rules. Each request shall be accompanied by a copy of the Findings and Recommendation of the Public Defender and Order Appointing Counsel. Failure to provide authority for the award of attorney’s fees and necessary expenses may result in denial of that request. Attorneys whose cases are not subject to electronic filing shall file an original and 3 copies of all submissions.

(b) Filing and Service.

(1) Criminal Cases

(i) Fees and necessary expenses.

Requests for fees and necessary expenses, with proof of service, may be submitted 6 months after appointment or prior submission and approval of a request, provided that the final request, with proof of service, shall be submitted no later than 60 days after final disposition. For the purpose of this rule, final disposition includes entry of judgment, entry of an order of dismissal, or entry of an order allowing withdrawal or termination of representation.

If a prior request was submitted, a subsequent request must include a Billing Recap on a form that substantially complies with Form G annexed to these rules.

(ii) Other Litigation Expenses.

Requests for expert witness fees, interpreter services, and transcripts (for purposes other than appeal) shall be submitted by motion, with proof of service, prior to retaining the expert or interpreter or ordering the transcript. The motion shall be supported by declaration or affidavit that show cause as to why the motion should be granted.

(2) Special Proceedings

Requests for fees and necessary expenses in special proceedings, with proof of service, shall be submitted no later than 60 days after entry of an order granting or denying the petition.

(c) Requests under seal.

Counsel may seek to seal any request or related order for expenses. A request to submit under seal shall be by ex parte motion, shall be supported by an affidavit or declaration setting forth the circumstances that merit submission under seal, and shall include a proposed order.

(d) Untimely requests.

An untimely request for fees and necessary expenses may be denied.

(e) Objections and Reply.

Objections to requests for fees and necessary expenses, if any, shall be filed, with proof of service, within 10 days after service of the request. A reply to the objections, if any, shall be filed within 7 days after service of the objections on the initiating party.

(f) Multiple Cases.

Attorneys appointed to represent a defendant in multiple cases shall submit a request for fees and necessary expenses in each case; provided if time spent on each case was identical, a single request that identifies all case numbers may be submitted, with originals for each case file. All requests with regard to representation of a single defendant in multiple cases that were disposed simultaneously shall be submitted at the same time.

(Added April 20, 2011, effective July 1, 2011; further amended April 23, 2012, effective June 18, 2012.)

Rule 44A. SETTLEMENT OF FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER; ENTRY OF ORDER.

(a) In the circuit court.

(1) Preparation of findings of fact, conclusions of law and order. Unless otherwise ordered by the court, within 10 days after decision or ruling of the court following a hearing on a motion, the prevailing party shall prepare and deliver to the parties the findings of fact, conclusions of law and order, in accordance with the decision or ruling.

(2) Securing approval from opposing party. The party preparing the findings, conclusions and order shall attempt to secure approval as to form from the opposing party. Upon approval, which shall be made not later than 5 days after delivery, the document shall be returned to the originating party who shall promptly deliver it to the court. If the document is not approved as to form within 5 days after delivery, the originating party shall promptly deliver the proposed findings, conclusions and order to the court along with certificate of service to all parties.

(3) Objection as to form. If any party objects to the form of the document prepared, that party, within 5 days of delivery, or other such time as authorized by the court, shall serve upon the party who prepared the document and deliver to the court a statement of that party's objections and the reasons therefore or proposed findings, conclusions and order. Failure to file and serve objections or proposed findings, conclusions, or order shall constitute approval as to form of the document prepared.

(4) Settlement. The court shall timely settle the objections, if any, and issue the findings of fact, conclusions of law, and order as it deems proper.

(5) No effect on right to appeal. Approval as to form shall not affect the right of any party to appeal from the decision or ruling of the court and shall not be deemed as a waiver of disputed findings or conclusions.

(6) Entry. The filing of the findings of fact, conclusions of law and order in the office of the clerk shall constitute entry of the order.

(b) In the District Court.

(1) After the decision or ruling of the court following a hearing on a motion, the clerk shall note the decision or ruling on the docket. The filing of the written decision or ruling, or in the event of an oral decision or ruling, the filing of the written notice of entry of the decision or ruling, in the office of the clerk constitutes entry of the order. The decision or ruling or notice of entry shall be signed by the judge or by the clerk, if the judge so directs, provided that for purposes of this rule, an oral order granting an oral motion is entered when the court’s oral order is entered by the clerk on the electronic docket.

(2) Where the court orders preparation of findings of fact, conclusions of law and order, the findings, conclusions and order shall be prepared and settled as provided for in subsection (a) of this rule. The filing of the findings, conclusions and order in the office of the clerk shall constitute entry of the order.

(Added February 4, 2000, effective July 1, 2000; further amended May 7, 2004, effective July 1, 2004; further amended June 2, 2005, effective July 1, 2005; further amended April 20, 2011, effective July 1, 2011.)