In this time of delayed records and fewer new appeals, the appellate projects and the Judicial Council agreed on procedures for additional interim claims to supplement the standard post-AOB interim claim. The policy has now been extended through December 31, 2022. Hopefully, this will ease some of the financial challenges brought on by pandemic-related workflow disruptions.
As detailed on FDAP’s website, a pre-AOB early interim claim is permitted where:
- the record on appeal exceeds 1,500 pages, or;
- where counsel has been waiting for an augmented or corrected record longer than 90 days.
NOTE: Only Record Review time can be claimed on such a pre-AOB interim claim.
- An additional interim claim can be submitted after the Reply Brief is filed.
Note: Only Reply Brief time (line 8) and Review of Opposing Brief time (line 10) can be added in a post-reply brief interim claim.
We recognize that there may be circumstances of hardship not covered by these new procedures, such as when there has been substantial work on a habeas corpus petition or substantial supplemental briefing. If (1) a substantial number of hours are involved; (2) you are experiencing actual financial hardship (e.g. you cannot pay bills), and (3) there will be substantial delay before you can submit the final claim, consult the assigned FDAP staff attorney. In rare circumstances we can then seek prior approval from the JCC for either an interim claim not covered by the new policies, or a broader-in-scope post-reply brief interim claim.