Justice Administrative Commission

The model motions and orders provided herein are intended to assist attorneys in obtaining authorization or approval of attorney fees, due process costs and related expenses. These motions and orders contain the language generally 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 motions and orders are for obtaining an order 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  PDF   DOC  

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

• Attorney Criminal Exceed Flat Fee Motion and Order  PDF   DOC  

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

• Multi Attorney Criminal Divide Flat Fee Motion and Order  PDF   DOC  

• Multi Attorney Criminal Exceed Flat Fee Motion and Order  PDF   DOC  

Dependency

• Attorney Dependency Flat Fee Motion and Order  PDF   DOC  

• Attorney Dependency Exceed Flat Fee Motion and Order  PDF   DOC  

Other Civil

• Attorney Civil Flat Fee Motion and Order  PDF   DOC  

• Attorney Civil Exceed Flat Fee Motion and Order  PDF   DOC  

Sample Order - Children with Special Needs

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

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  PDF   DOC  

• Expedited Deposition Transcripts  PDF   DOC  

• Hearing Transcripts  PDF   DOC  

• Expedited Hearing Transcripts  PDF   DOC  

• Transcripts for Recordings  PDF   DOC  

• Transcription or Listening Fee Motion and Order  PDF   DOC  

Discovery

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

• Basic Discovery Costs  PDF   DOC  

• Specific Discovery Costs  PDF   DOC  

Investigative

These motions and orders are for obtaining authorization for investigative costs such as investigators, mitigation specialists in capital death cases, and forensic sentencing experts in juvenile life sentencing cases.

• Private Investigator  PDF   DOC  

• Mitigation Specialist  PDF   DOC  

Experts

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

• Mental Health Expert  PDF   DOC  

• Medical Expert  PDF   DOC  

• Forensic Expert  PDF   DOC  

• Sentencing Expert for Juvenile Life Sentencing  PDF   DOC  

The model motions and orders provided herein are intended to assist attorneys in having a client declared indigent for costs by the court. These motions and orders contain the language generally necessary for JAC processing purposes but do not address any potential local requirements. Please serve JAC with a copy of the motion and proposed order through the IFC Case Opening system in MyJAC.

Indigent for Costs

These motions and orders 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. 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  PDF   DOC  

• Indigent for Costs with Specific Due Process Requests  PDF   DOC  

• Clerk's Application for Indigency - Criminal  PDF    

• Clerk's Application for Indigency - Civil  PDF    

• Affidavit of Attorney Fees - Criminal  PDF   DOC  

• Affidavit of Attorney Fees - Civil  PDF   DOC  

• Affidavit of Attorney Fees - Juvenile Delinquency  PDF   DOC  

These model motions and orders are are for any pro bono attorneys seeking due process costs pursuant s. 39.01305, F.S. dependency cases.

• Model Motion for Pro Bono Matters Act  PDF   DOC  

• Model Order for Pro Bono Matters Act  PDF   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.

Certification of Costs

• Request for Certification of Costs Form  PDF   DOC  

• IFC accounting and Lien Order  PDF   DOC