Justice Administrative Commission

The model motions and orders provided herein are intended to assist attorneys in obtaining court authorization of attorney fees, due process costs and related expenses. These model motions and orders contain the language necessary for JAC payment purposes but do not address any potential local requirements. Please serve JAC with a copy of the motion and proposed order through pleadings@justiceadmin.org.

Attorney’s Fees, Costs, and Related Expenses

These model motions and orders are for obtaining orders directing payment of attorney’s fees, costs, or related expenses. When these motions are filed, a copy of JAC’s objection letter must be attached to the motion. A motion for attorney’s fees is premature until the attorney has submitted a billing to JAC and received an appropriate objection letter.

Criminal

• Attorney Criminal Flat Fee Motion and Order  DOC    

• Attorney Criminal Flat Fee and Costs Motion and Order  DOC    

• Attorney Criminal Exceed Flat Fee Motion and Order  DOC    

• Attorney Criminal Exceed Flat Fee and Costs Motion and Order  DOC    

• Multi Attorney Criminal Divide Flat Fee Motion and Order  DOC    

• Multi Attorney Criminal Exceed Flat Fee Motion and Order  DOC    

Dependency

• Attorney Dependency Flat Fee Motion and Order  DOC    

• Attorney Dependency Exceed Flat Fee Motion and Order  DOC    

Other Civil

• Attorney Civil Flat Fee Motion and Order  DOC    

• Attorney Civil Exceed Flat Fee Motion and Order  DOC    

Model Motions and Orders for Capital Collateral Cases are available on the Capital Collateral Page.

Due Process Costs

Transcripts

These motions and order are for obtaining authorization for transcripts. The order needs to reflect the date of the proceeding to the transcripts as well as the deponent, hearing type or other information identify the type of recording (such as 911 call or witness statements). Please be aware that a motion and order is not necessary for appellate transcripts. The designation of the record substitute for an order authorizing appellate transcript.

• Deposition Transcripts  DOC    

• Expedited Deposition Transcripts  DOC    

• Hearing Transcripts  DOC    

• Expedited Hearing Transcripts  DOC    

• Transcripts for Recordings  DOC    

• Transcription or Listening Fee Motion and Order  DOC    

Discovery

These motions and orders are intended to obtain authorization for discovery costs to obtain case related documents and materials.

• Basic Discovery Costs  DOC    

• Specific Discovery Costs  DOC    

Investigators, Process Servers, and Interpreters

These motions and orders are for obtaining court authorization for ordinary due process costs such as investigators, mitigation specialists in capital death cases, private process servers, and interpreters.

• Private Investigator  DOC    

• Mitigation Specialist  DOC    

• Interpreter Motion and Order  DOC    

• Process Server Motion and Order  DOC    

Experts

These motions and orders are for obtaining authorization for psychologists, medical doctors and forensic experts.

• Mental Health Expert  DOC    

• Medical Expert  DOC    

• Forensic Expert  DOC    

• Sentencing Expert for Juvenile Life Sentencing  DOC    

Indigent for Costs

The model motions and orders provided below are for having a client declared indigent for costs (IFC) when the person would qualify for appointed counsel, but is represented by privately retained or pro bono counsel. These motions and orders contain the language generally necessary for JAC processing purposes but do not address any potential local requirements. The attorney must submit the initial Motion to Declare Defendant Indigent for Costs through the IFC Case Opening system in MyJAC. Submitted with the motion must be a completed Application for Criminal Indigent Status and an Indigent for Costs Affidavit of Attorney’s Fees attesting to the estimated attorney fees and the source of those fees. When available, the charging document or petition must also be submitted. If not available, an arrest report, probable cause affidavit, or other case initiating document must be provided.

The model Motions to Declare Defendant Indigent for Costs pursuant to s. 27.52(5), F.S., are used as the initial pleading seeking to have a client declared indigent for costs. Once a defendant is declared indigent for costs in relation to an attorney’s representation of that defendant, any subsequent request for state-funded due process costs would be through a motion to incur costs such as the model Motions for Due Process Costs & Orders.

• Basic Indigent for Costs  DOC    

• Indigent for Costs with Specific Due Process Requests  DOC    

• Clerk's Application for Indigency - Criminal  PDF    

• Clerk's Application for Indigency - Civil  PDF    

• Affidavit of Attorney Fees - Criminal  DOC    

• Affidavit of Attorney Fees - Civil  DOC    

• Affidavit of Attorney Fees - Juvenile Delinquency  DOC    

This model motion and order is for any pro bono attorney seeking due process costs pursuant to s. 39.01305, F.S.

• Model Motion and Order to Declare Dependent Special Needs Child Indigent for Costs (Pro Bono Counsel)  DOC    

Indigent for Costs Accounting and Order Imposing Lien

Upon conviction, a person represented by privately retained or pro bono counsel is responsible for payment of any defense costs paid or to be paid by the state. The attorney is responsible for filing an accounting with the court delineating those costs.

• Request for Certification of Costs Form  PDF   DOC  

• IFC accounting and Lien Order  DOC    

Model Orders of Appointment

The model Orders of Appointment below are intended to provide statutory compliance for court-appointed registry appointments to facilitate state-funded payment of attorney and due process vendor invoices for legal services provided in these cases.

• Criminal Basic  DOC    

• Criminal Off-Registry  DOC    

• Criminal Sua Sponte  DOC    

• Criminal Sua Sponte Off Registry  DOC    

• Dependency Basic  DOC    

• Dependency Off-Registry  DOC    

• Dependency Sua Sponte  DOC    

• Dependency Sua Sponte Off-Registry  DOC    

Sample Order - Children with Special Needs

• Sample Order appointing Counsel for Children with Certain Special Needs pursuant to Section 39.01305, F.S.