CJA 28E

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

Agency
U.S. Courts
Revision
Rev. 10/12
Fillable fields
149
Pages
8
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill CJA 28E online
Page 1 of form CJA 28E

CJA 28E: Expert Services Detailed Budget Worksheet for Non-capital Representations

CJA 28E, Expert Services Detailed Budget Worksheet for Non-capital Representations with the Potential for Extraordinary Cost, is a Criminal Justice Act (CJA) case budgeting form from the U.S. Courts. The U.S. Courts list it 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 expert services for representations that "appear likely to become or have become extraordinary in terms of potential cost" as set forth in section 230.26.10 of the Guidelines for Administering the CJA and Related Statutes, Volume 7A, Guide to Judiciary Policy. The figure at the end of each section goes to the summary budget worksheet. Its eight pages cover ten sections of hours and costs and an approved case budget. The explanatory memorandum the U.S. Courts page links as the form instructions says the AO developed CJA Forms 28A to 28H, with a detailed and a summary worksheet for each of four types of services: attorney, investigator, expert and "other".

This page explains the form in plain words and is not legal advice. It can be filled out free in the browser on this page and downloaded without an account.

Top of page 1 of CJA 28E: Expert Services Detailed Budget Worksheet for Non-capital Representations, as printed by COURTS

What's on CJA 28E

Case and expert details

Date, case name, case number, expert's name, type of expert and hourly rate.

I and II: Records and the defendant

Document review by type (medical, psychological and social history records, offense reports, videotapes, audiotapes, other), and meetings with the defendant for interviews and testing, including whether the client is held in a remote facility or on bond out of the district.

III and IV: Defense team and witnesses

Meetings with members of the defense team (attorneys, investigators, paralegals and other defense experts), and meetings and interviews with witnesses, including members of the defendant's family, each with travel time.

V to VIII: Evidence, reports and testimony

Examination of crime scenes and physical evidence including lab time, report writing including review of literature, hearing and trial testimony with exhibit preparation, and meetings with prosecuting attorneys, case agents and government experts, including depositions.

IX and X: Travel and other costs

Local travel at a POV mileage rate, travel requiring air or train transportation, a rental vehicle or an overnight stay (using government travel rates and per diems for the estimate), and other miscellaneous costs.

Approved case budget

Expert time (hourly rate and hours), fees approved (hours multiplied by hourly rate), travel costs, other costs and the grand total budget for the expert.

How to fill out CJA 28E

  1. 1

    Fill in the case and expert details

    Enter the date, case name, case number, the expert's name, the type of expert and the hourly rate.

  2. 2

    Estimate hours section by section

    Sections I to VIII ask for counts such as pages, meetings or trips and the hours for each, and each ends with a subtotal. The form adds them into the grand total hours.

  3. 3

    List travel by purpose

    Section IX lists trips to the defendant, defense counsel, evidence and crime scenes, witnesses and other experts, and court. The form notes not to double count meetings that include both defense counsel and defendant.

  4. 4

    Add other costs

    Section X takes the type and amount of up to three other miscellaneous costs and expenses.

  5. 5

    Carry the totals to the summary

    The form says the figure at the end of each section should be transferred to the summary budget worksheet, CJA 28F in the U.S. Courts list, for submission to the court.

  6. 6

    Print or save

    The PDF has Print, Save As and Reset buttons at the end. The form has no signature line.

Why fill Form CJA 28E on indox

You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.

  • Fill the form right in your browser, no software to install
  • Free to fill and free to download, with no account
  • The official blank straight from the U.S. Courts, not a copy someone retyped
  • Works on a phone, tablet or computer

Where it goes, approval and fees

Where it goes

The form says the figure at the end of each section should be transferred to the summary budget worksheet (CJA 28F) for submission to the court. In some instances the court may request this detailed worksheet as well.

Approval

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.

When case budgets are used

The memorandum says the Judicial Conference adopted a CJA guideline in September 2003 encouraging courts to use case budgeting where 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.

Fees

CJA 28E does not print a filing fee, an hourly rate or a mileage rate. The rates, hours and costs are entered on the worksheet, which totals them.

Changes and help

The memorandum says case budgets should not be viewed as etched in stone and may be modified as the case progresses. It says judges reviewing a budget may contact the ODS Legal and Policy Branch Duty Attorney, and that the Ninth Circuit Excel worksheets can be obtained from the ODS Legal and Policy Duty Attorney at 202-502-3030.

Related forms

Who uses CJA 28E?

  • Appointed counsel

    The explanatory memorandum says both the detailed and the summary worksheets for each service provider would be completed by appointed counsel in preparing the case budget. The form says it is for use by counsel in preparing the summary of anticipated expert services.

  • The expert

    The form names the expert, the type of expert and the hourly rate, and estimates the expert's hours for records review, interviews and testing, meetings, reports and testimony.

  • The court

    The form says the figure at the end of each section goes to the summary worksheet for submission to the court, and that in some instances the court may request the detailed worksheet as well as the summary.

  • The chief judge of the court of appeals

    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.

CJA 28E is prepared by CJA appointed counsel for the court, not filed by the public. The form and its memorandum name these roles.

Official sources and the blank

Do it all with indox

View all 94 tools

Questions about Form CJA 28E

Is CJA 28E submitted to the court?

The form says it is for use by counsel in preparing the summary, and the figure at the end of each section should be transferred to the summary budget worksheet for submission to the court. It adds that in some instances the court may request the detailed worksheet as well as the summary.

Who fills out CJA 28E?

The explanatory memorandum says both the detailed and the summary worksheets for each service provider would be completed by appointed counsel in preparing the case budget. It is not a form the public files, and it has no signature line.

What travel rates does the form use?

Section IX.A has a field for a POV mileage rate, and section IX.B says to use government travel rates and per diems for the purpose of the estimate. The form does not print the rates themselves.

When is a case budget used?

The memorandum says the CJA guideline encourages case budgeting where 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, and that counsel may initiate a case budget or the court may request one on its own initiative. This page cannot say whether a case meets that threshold.

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. If a foundation of the budget dramatically shifts, it says the court should have counsel modify the case budget and seek approval for any additional funds and resources.

Does CJA 28E do the math?

Yes. The form says it automatically totals hours and dollar amounts, and the last page multiplies hours by the hourly rate to show the fees approved.