CJA 28A

Attorney Services Detailed Budget Worksheet for Non-capital Representations with the Potential for Extraordinary Cost

Agency
U.S. Courts
Revision
Rev. 10/12
Fillable fields
142
Pages
9
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill CJA 28A online
Page 1 of form CJA 28A

CJA 28A: Attorney Services Detailed Budget Worksheet for Non-capital Representations

CJA 28A, Attorney Services Detailed Budget Worksheet for Non-capital Representations with the Potential for Extraordinary Cost, is a Criminal Justice Act (CJA) case-budgeting worksheet from the U.S. Courts, listed under Budgeting Worksheets. The PDF is dated Rev. 10/12, and the page lists it as effective on October 1, 2012.

The form says it is for use by counsel in preparing the summary of anticipated attorney services for representations that "appear likely to become or have become extraordinary in terms of potential cost" under section 230.26.10 of the Guidelines for Administering the CJA and Related Statutes, Volume 7A, Guide to Judiciary Policy. Its 9 pages estimate attorney hours for discovery, trial, motions and hearings, investigation, consultations and budget preparation, then travel and other costs. The figure at the end of each section goes onto the summary budget worksheet for submission to the court, and the document totals hours and dollar amounts automatically.

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 28A: Attorney Services Detailed Budget Worksheet for Non-capital Representations, as printed by COURTS

What's on CJA 28A

Case details

The date, case name and number, the appointed attorney, the date of appointment, the hourly rate, the trial date and any additional authorized attorneys.

I. Discovery

Estimated pages of discovery, numbers and hours of audiotapes and videotapes, and other items, then hours for retrieval, including printing of CD ROMs, and for review and organization.

II and III. Trial, motions and hearings

Trial days, in-court and travel hours per day, and out-of-court trial preparation, then court, travel and preparation hours for preliminary proceedings, discovery hearings, challenges to charges and evidence, and sentencing hearings.

IV and V. Investigation and the client

Local and non-local witness interviews and other investigation, then client meetings, whether the client is held in a remote facility or on bond out of the district, travel time and correspondence.

VI to VIII. Experts, meetings and budget time

Each expert witness by name and area of expertise, meetings with prosecutors and case agents, co-counsel, investigators and counsel for codefendants, and time preparing the case budget, ending in Grand Total Hours.

IX, X and the approved budget

Travel costs at a POV mileage rate and, for air, train, rental or overnight trips, government travel rates and per diems, then miscellaneous costs such as transcripts and trial aids, and an Approved Case Budget for Attorney Services.

How to fill out CJA 28A

  1. 1

    Enter the case and the rate

    Fill in the date, case name and number, the appointed attorney, the date of appointment, the hourly rate and the trial date, and list any additional authorized attorneys.

  2. 2

    Estimate the discovery

    Section I asks for the quantity of discovery first, then the hours to retrieve, review and organize it, including documents and information generated by defense investigation.

  3. 3

    Estimate court time

    Section II multiplies trial days by hours per day for in-court and travel time and adds preparation hours. Section III adds court, travel and preparation hours for each kind of hearing.

  4. 4

    Estimate investigation and meetings

    Sections IV to VIII cover witness interviews, client consultation, experts, other meetings and budget preparation. Section IV excludes expert witnesses, which go in section VI, and travel costs, which go in section IX.

  5. 5

    Estimate travel and other costs

    Section IX uses a POV mileage rate for local trips and government travel rates and per diems for air, train, rental vehicle or overnight travel. Section X covers costs such as records, copying, transcripts and computer-assisted legal research.

  6. 6

    Carry totals to the summary

    The form says the figure at the end of each section should be transferred to the summary budget worksheet for submission to the court. The document totals hours and dollar amounts automatically.

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Where it goes, approval and changes

Where it goes

The section figures go onto the summary budget worksheet for submission to the court. The form says that in some instances the court may request the detailed worksheet as well as the summary.

Approval

The explanatory memorandum recommends that the presiding judicial officer send a case budget to the chief judge of the court of appeals, or his or her delegate, for approval.

Fee

The form does not print a filing fee. Its dollar fields are budget estimates for attorney fees, travel and other costs.

Travel note to the court

The form says that if extensive out-of-district attorney travel is anticipated, the court may wish to require a more detailed travel budget, and should determine whether it will issue "blanket" travel authorization or approve attorney travel "seriatim."

Changes to the budget

The memorandum says case budgets should not be viewed as etched in stone. If a foundation of the budget shifts dramatically, it says the court should have counsel modify the budget and seek approval for any additional funds and resources.

Who completes CJA 28A?

  • Appointed counsel

    The form says it is for use by counsel and asks for the name of the appointed attorney, the date of appointment, the hourly rate and the trial date. The explanatory memorandum says appointed counsel would complete both the detailed and summary worksheets.

  • Additional authorized attorneys

    A space on page 1 lists additional attorneys authorized pursuant to CJA Guidelines § 230.53.10(b).

  • The court

    The summary goes to the court, and the form says that in some instances the court may request the detailed worksheet as well. A note to the court covers extensive out-of-district attorney travel.

  • The chief judge of the court of appeals

    The explanatory memorandum recommends that the presiding judicial officer send a case budget to the chief judge of the court of appeals, or his or her delegate, for approval.

The worksheet is prepared by appointed counsel for the court. It and its explanatory memorandum name these roles.

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Questions about Form CJA 28A

Who fills out CJA 28A?

Appointed counsel. The form says it is for use by counsel in preparing the summary of anticipated attorney services, and the explanatory memorandum says appointed counsel would complete both the detailed and summary worksheets.

How is CJA 28A different from CJA 28B?

CJA 28A is the detailed attorney services worksheet. The figure at the end of each of its sections is transferred to the summary budget worksheet, which the U.S. Courts list as CJA 28B, for submission to the court.

Which cases use a case budget?

The explanatory memorandum says a Judicial Conference guideline encourages case budgeting for any representation in which the defense of an individual CJA defendant is anticipated to cost in excess of $30,000 or involve more than 300 hours of attorney time. It says the court or counsel determines whether a case has that potential.

Does the court see the detailed worksheet?

The form says that in some instances the court may request the detailed worksheet as well as the summary. The memorandum says the court could choose to review the detailed worksheets or the summary worksheets alone.

Does the worksheet add up the totals?

Yes. The form says the document automatically totals hours and dollar amounts.

Can the budget change later?

The memorandum says case budgets should not be viewed as etched in stone and may be modified as the case progresses, for example when new charges or defendants are added.

Where are the instructions?

The U.S. Courts page links Form Instructions: the Explanatory Memorandum for Case Budgeting in Non-capital Panel Attorney Representations with the Potential for Extraordinary Cost.