(a) Any party for
whom counsel has been assigned 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, assigned counsel may, but is not
required to, 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. Assigned counsel may require repayment of any
such expenses out of the proceeds of the payment of any recovery consistent
with any applicable rule of professional responsibility.
(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 funds in excess of $50,000, no such reimbursement is required.
Amended June 30, 2015, December 23, 2016, March
22, 2019,
November
20, 2020, February 24, 2023, and June 27, 2024