CJA 28B

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

Agency
U.S. Courts
Revision
Rev. 10/12
Fillable fields
29
Pages
4
Official source
U.S. Courts form page
Checked
October 20, 2026
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Page 1 of form CJA 28B

CJA 28B: Attorney Services Summary Budget Worksheet for Non-capital Representations

CJA 28B, Attorney Services Summary 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 summarizes anticipated attorney services and should be submitted to the court in 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 4 pages take one hours figure for each of eight work categories, then travel costs and miscellaneous costs, and end with an Approved Case Budget for Attorney Services. It says the accompanying detailed budget worksheet may help counsel prepare it, 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 28B: Attorney Services Summary Budget Worksheet for Non-capital Representations, as printed by COURTS

What's on CJA 28B

Case details

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

I and II. Discovery and trial

Hours for discovery retrieval, organization and review, including material generated by defense investigation, and trial hours covering in-court, travel and out-of-court preparation time, based on the estimated length of trial in days.

III and IV. Hearings and investigation

Hours for motions and hearings from preliminary proceedings through sentencing, and for witness interviews and other investigation, including travel time and time interviewing family members.

V to VIII. Client, experts, meetings and budget time

Hours for client consultation and correspondence, expert witness consultation, other meetings with prosecutors, case agents, co-counsel, investigators and counsel for codefendants, and case budget preparation, then Grand Total Hours.

IX and X. Travel and other costs

Dollar amounts for travel costs and for other miscellaneous costs and expenses, with a note to the court on out-of-district attorney travel.

Approved Case Budget

The hourly rate, hours, fees approved (hours multiplied by hourly rate), travel costs, other miscellaneous costs and expenses, and the Grand Total Budget for Attorney Services.

How to fill out CJA 28B

  1. 1

    Enter the case and the rate

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

  2. 2

    Work from the detailed worksheet

    The form says the accompanying detailed budget worksheet may help counsel prepare the summary. The detailed worksheet, CJA 28A, says the figure at the end of each of its sections is transferred to the summary.

  3. 3

    Enter hours for each category

    Sections I to VIII each take one hours figure. Section II is based on the estimated length of trial in days, and the form adds the hours into Grand Total Hours.

  4. 4

    Enter travel and other costs

    Sections IX and X take dollar amounts for travel costs and for miscellaneous costs and expenses.

  5. 5

    Review the budget totals

    The last page multiplies hours by the hourly rate for fees approved and adds travel and miscellaneous costs into the Grand Total Budget for Attorney Services.

  6. 6

    Submit it to the court

    The form says the document should be submitted to the court. The explanatory memorandum says the court could choose to review the summary worksheets alone or the detailed worksheets too.

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Where it goes, approval and changes

Where it goes

The form says it should be submitted to the court. It prints no address or court office.

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 28B?

  • Appointed attorneys

    The form asks for the name of the appointed attorney or attorneys, 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 form says the document should be submitted to the court. A note to the court in section IX covers extensive out-of-district attorney travel and how that travel is authorized.

  • 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 summary is prepared by appointed counsel and submitted to the court. It and its explanatory memorandum name these roles.

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Questions about Form CJA 28B

Who submits CJA 28B?

Counsel. The form says the document should be submitted to the court, and the explanatory memorandum says appointed counsel would complete both the detailed and summary worksheets.

Does the court also get the detailed worksheet?

The detailed worksheet, CJA 28A, says that in some instances the court may request it as well as the summary. The memorandum says the court could choose to review the detailed worksheets or the summary worksheets alone.

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.

Who approves the case budget?

The form has an Approved Case Budget for Attorney Services block but does not name an approver. The 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.

Does the form 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.