Section 230.30(b)
Counsel submits with the voucher a detailed memorandum supporting and justifying the claim that the representation was in an extended or complex case and that the excess payment is necessary to provide fair compensation.
CJA 26A
Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (District Court)
- Agency
- U.S. Courts
- Revision
- Rev. 03/12
- Fillable fields
- 1
- Pages
- 1
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
CJA 26A: Guidance on the Memorandum for a Claim in Excess of the Maximum (District Court)
CJA 26A, Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (District Court), is a Criminal Justice Act (CJA) guidance document from the U.S. Courts. 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.
It is one page of text with no blanks to fill in. It quotes section 230.30(b) of the Guidelines for Administering the CJA and Related Statutes, which says counsel will submit with the voucher a detailed memorandum when the total compensation claimed is in excess of the statutory case compensation maximum. It then quotes how the CJA Guidelines describe complex and extended cases and fair compensation, and lists topics for counsel's consideration in writing the memorandum.
This page explains the guidance in plain words and is not legal advice. You can open it free in your browser on this page and download it without an account.
What's in CJA 26A
Fair compensation criteria
Section 230.23.40(c) lists responsibilities measured by the magnitude and importance of the case, manner of performance, counsel's knowledge, skill, efficiency, professionalism and judgment, nature of counsel's practice and injury thereto, extraordinary time pressure, and other relevant circumstances.
Topics: time and charges
Length of appointment, in-court hours for pretrial hearings, trial, sentencing hearings and other, out-of-court hours, offenses and counts charged, other pending cases, co-defendants, the sentencing guideline range and any mandatory minimum.
Topics: work on the case
Discovery materials and practices, motions and other documents drafted originally for the case, investigation and case preparation, use of investigative, expert or other services (CJA 21 voucher), and client considerations.
Topics: expenses and other circumstances
Any expense greater than $500 (see Items 17 and 18 of the CJA 20 voucher), and any other noteworthy circumstances, such as negotiations with the U.S. Attorney's office or law enforcement and the complexity or novelty of legal issues.
How to use CJA 26A
- 1
Read the quoted guidelines
The guidance opens with the text of section 230.30(b) and the section 230.23.40(b) and (c) descriptions of complex and extended cases and fair compensation.
- 2
Review the topic list
The guidance says the topics are provided for counsel's consideration, some may not apply to a particular case or may not be noteworthy, and counsel may address topics other than those listed.
- 3
Cover time, charges and work
The listed topics run from length of appointment and hours to discovery, documents drafted for the case, investigation, services used and client considerations.
- 4
Cover expenses and other circumstances
The last topics are any expense greater than $500 on Items 17 and 18 of the CJA 20 voucher and other noteworthy circumstances supporting the compensation request.
- 5
Use the statement form if wanted
The U.S. Courts list CJA 26, a statement form whose items follow the same topics and which says it serves as counsel's memorandum, in the same category.
Why fill Form CJA 26A on indox
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Where it goes and amounts
Where the memorandum goes
The quoted section 230.30(b) says counsel will submit the detailed memorandum with the voucher. The guidance does not name an office or address.
Fees and amounts
The guidance does not print a fee or the case compensation maximum amount. The only amount it prints is the $500 expense topic.
Related statement form
The U.S. Courts list CJA 26, Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum (District Court), under the same category, Attorney Excess Compensation Claims.
Related forms
CJA 26
Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum (District Court)
37 fields, 2 pages
CJA 20
Appointment of and Authority to Pay Court-Appointed Counsel
149 fields, 1 page
CJA 21
Authorization and Voucher for Expert and Other Services
69 fields, 1 page
CJA 27A
Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (Court of Appeals)
1 field, 1 page
CJA 27
Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals)
53 fields, 2 pages
Who is CJA 26A for?
The guidance is written for appointed counsel. It names these situations.
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Questions about Form CJA 26A
Is CJA 26A a form to fill out?
No. It is one page of guidance with no blanks to fill in. It lists topics for counsel's consideration in writing the memorandum for a claim in excess of the case compensation maximum.
When is the memorandum needed?
The quoted section 230.30(b) says that in any case in which the total compensation claimed is in excess of the statutory case compensation maximum, counsel will submit a detailed memorandum with the voucher.
What makes a case complex or extended?
The guidance quotes section 230.23.40(b): a case is complex if the legal or factual issues are unusual and need more time, skill and effort than an average case, and extended if more time is reasonably required for total processing than the average case.
Does every topic have to be covered?
The guidance says some of the topics may not apply to a particular case or may not be noteworthy for the memorandum, and that counsel may address topics other than those listed.
Which expenses does CJA 26A mention?
It lists any expense (see Items 17 and 18 of the CJA 20 voucher) greater than $500.
Is there a court of appeals version?
The U.S. Courts forms list includes CJA 27A, Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (Court of Appeals).