CJA 26

Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum (District Court)

Agency
U.S. Courts
Revision
Rev. 03/12
Fillable fields
37
Pages
2
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill CJA 26 online
Page 1 of form CJA 26

CJA 26: Statement for a Compensation Claim in Excess of the Maximum (District Court)

CJA 26, Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum (District Court), is a Criminal Justice Act (CJA) form from the U.S. Courts. The PDF titles it a supplemental information statement. The U.S. Courts list it under Attorney Excess Compensation Claims. The PDF is dated Rev. 03/12, and the page lists it as effective on March 1, 2012.

The form says it provides information to support counsel's claim that the representation given was in an extended or complex case, and that the excess payment is necessary to provide fair compensation. It serves as counsel's memorandum required by section 230.30(b)(1) of the Guidelines for Administering the CJA and Related Statutes and does not replace any other documentation required to support the payment request. Its two pages ask about hours, charges, discovery, legal work, investigation, services, client considerations, expenses and other circumstances, and end with the appointed attorney's signature.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of CJA 26: Statement for a Compensation Claim in Excess of the Maximum (District Court), as printed by COURTS

What's on CJA 26

Header

Attorney name, case name, docket number, defendant number and voucher number, below a note on what the form is for.

Items 1 and 2: Time and charges

Period of appointment, in-court hours split into pretrial hearings, trial, sentencing hearings and all other, out-of-court hours, offenses and counts charged, co-defendants, other pending cases, the sentencing guideline range found, and whether a mandatory minimum was at issue.

Items 3 to 5: Discovery, legal work, investigation

Discovery materials or practices, motions, legal memoranda, jury instructions, sentencing documents or legal research drafted for the case, and investigation and case preparation, each when a noteworthy factor in the hours claimed.

Items 6 and 7: Services and client

The impact of investigative, expert or other services used (CJA 21 voucher), and client considerations: communication with client or family, language difference, accessibility of client, or other.

Items 8 and 9: Expenses and other circumstances

Any expense (Items 17 and 18 of the CJA 20 voucher) greater than $500; then any other noteworthy circumstances, with six listed topics (A) to (F) such as complexity of legal issues and time pressure.

Signature

The signature of the appointed attorney and the date.

How to fill out CJA 26

  1. 1

    Read the header note

    The note says the form serves as counsel's memorandum under section 230.30(b)(1) of the CJA Guidelines and does not replace other documentation. If extra space is needed, it says to attach additional sheets of paper.

  2. 2

    Identify the case

    Fill in the attorney name, case name, docket number, defendant number and voucher number.

  3. 3

    Report hours and charges

    Enter the period of appointment and the in-court and out-of-court hours in Item 1, then the offenses, counts, co-defendants, other pending cases, guideline range and mandatory minimum answer in Item 2.

  4. 4

    Describe the noteworthy work

    Items 3 to 7 ask about work that is a noteworthy factor in the hours claimed. Item 4 says not to include standardized motions unless the content was modified significantly.

  5. 5

    Explain expenses and other circumstances

    Item 8 asks to explain any expense on Items 17 and 18 of the CJA 20 voucher greater than $500. Item 9 asks for other noteworthy circumstances, including topics (A) to (F) if applicable.

  6. 6

    Sign and date

    The appointed attorney signs and dates the bottom of page 2.

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Where it goes, amounts and related guidance

Where it goes

The form does not name an office or address. It says it serves as counsel's memorandum required by section 230.30(b)(1) of the CJA Guidelines and does not replace any other documentation required to support the payment request.

Fees and amounts

The form does not print a fee or the case compensation maximum amount. The only amount it prints is the $500 expense threshold in Item 8.

Definitions

The form says section 230.23.40 of the Guidelines for Administering the CJA and Related Statutes, in the Guide to Judiciary Policy, Volume 7, Part A, Chapter 2, defines "extended" and "complex" and suggests criteria for determining "fair compensation."

Drafting guidance

The U.S. Courts list CJA 26 and CJA 26A, Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (District Court), under Attorney Excess Compensation Claims.

Who uses CJA 26?

  • Appointed attorneys

    The form ends with the signature of the appointed attorney and the date, and the header asks for the attorney name, case name, docket, defendant and voucher numbers.

  • Claims above the case maximum

    The form is for a compensation claim in excess of the statutory case compensation maximum. It does not print the maximum amount.

  • Extended or complex cases

    The form supports counsel's claim that the case was extended or complex. It says section 230.23.40 of the CJA Guidelines defines those terms and suggests criteria for fair compensation.

  • District court representations

    CJA 26 is the district court version. The U.S. Courts forms list includes CJA 27 for a claim in excess of the statutory case compensation maximum in the court of appeals.

The form is completed and signed by appointed counsel. It names these situations.

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Questions about Form CJA 26

What is CJA 26 for?

The form says it provides information to support counsel's claim that the representation was in an extended or complex case and that the excess payment is necessary to provide fair compensation, for a claim above the statutory case compensation maximum in district court.

Does CJA 26 replace other payment documents?

No. The form says it serves as counsel's memorandum required by section 230.30(b)(1) of the CJA Guidelines and does not replace any other documentation required to support the payment request.

Who signs CJA 26?

The appointed attorney signs and dates it at the bottom of page 2.

Which expenses does CJA 26 ask about?

Item 8 asks to explain any expense (Items 17 and 18 of the CJA 20 voucher) greater than $500.

What if there is not enough space?

The header note says that if extra space is needed, attach additional sheets of paper.

Is there a court of appeals version?

The U.S. Courts forms list includes CJA 27, Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals), and CJA 27A, the matching guidance for the court of appeals.