Following is a listing of expenses which may be incurred for persons proceeding in forma pauperis, and the responsibility for such expenses.

1. A. Fact Witnesses. Costs relating to subpoenas and fees of indigent defendants’ witnesses are the responsibility of the Department and payable at the rates prescribed for witnesses pursuant to 28 U.S.C. § 1821.
2. B. Expert Witnesses. Expert witnesses called by the defense and necessary to the adequate defense of an indigent person are paid from funds appropriated for the implementation of the Criminal Justice Act by the AOUSC. These expenses are authorized on Form CJA-21 after certification by counsel for the indigent defendant and approval by the presiding court or magistrate. Experts called by the court on behalf of the indigent person are paid by the AOUSC. The Department will pay for expert witness fees and expenses for expert witnesses appearing on behalf of the government. United States Attorneys have authority to employ an expert witness appearing on behalf of the government.
3. C. Mental Examinations for Indigent Persons. Expenses for examinations under 18 U.S.C. § 4241 to determine a defendant's mental competency to stand trial are always the responsibility of the Department. Expenses for examinations to determine a defendant's mental responsibility at the time of the alleged offense are paid by the AOUSC, except when the request is made by the United States, in which case the Department is responsible. See OBD Order 2110.20B (February 2001).
4. D. Depositions. Expenses for travel and subsistence of a defendant and defendant’s counsel for attendance at a deposition taken pursuant to Rule 15(c) of the Federal Rules of Criminal Procedure are payable by the prosecuting agency. The purpose of such a deposition is to preserve evidence for the prosecution, and all costs should be assigned to the prosecuting agency regardless of the availability of funds appropriated for the Criminal Justice Act. (Decision of Administration Counsel, Department of Justice, November 26, 1975.) The United States Attorney may authorize such expenses in a similar fashion as other litigation expenses.
   Fees and expenses for depositions of fact witnesses, including the cost of recording and transcribing the proceeding, for indigent persons shall be paid by the Department in the same manner as expenses and fees for fact witnesses testifying in court. See above. Fees and expenses for depositions of expert witnesses of the indigent defendant are paid by the AOUSC. 39 COMP.GEN. 133.

[updated February 2018]