(a) Any party for whom
counsel has been recruited by the Court pursuant to LR 83.36 and has filed an appearance
on behalf of the party shall bear expenses of the litigation to the extent
reasonably feasible considering the party’s financial condition. Such expenses
shall include, but not be limited to discovery expenses, subpoena and witness
fees, and transcript expenses. If the party is unable to pay the expenses of
litigation, recruited counsel may advance part or all the payment of any such
expenses without requiring that the party remain ultimately liable for such
expenses, except out of the proceeds of any recovery. The assigned attorney or
firm is not required to advance the payment of such expenses.
(b) Counsel recruited
pursuant to LR 83.36 may obtain prepayment or reimbursement of expenses from
the District Court Fund in accordance with the provisions of the Regulations Governing the Prepayment and Reimbursement of
Expenses in Pro Bono Cases. If a party
derives funds from a settlement, judgment, or other award of costs or fees in
excess of $50,000, the receiving party shall be required to reimburse the
District Court Fund for any expenditures in excess of $5,000 (other than
interpreter fees) made on behalf of that party. Receipt of payments and
reimbursements from the District Court Fund operates as the receiving party’s
consent to this reimbursement requirement. If the receiving party does not
derive settlement funds in excess of $50,000, no such reimbursement is required.
Amended June 30, 2015, December 23, 2016, March 22, 2019,
November 20, 2020, and February 23, 2023