R25-14-2. Request for Payment  


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  • To obtain payment for attorney's fees and litigation expenses, counsel appointed by a court, pursuant to Section 78B-9-202, shall:

    (1) Present to the Division of Finance a certified copy of the court order of appointment before or at the time the first request for payment is submitted.

    (2) Obtain the court's review and written approval certifying that the fees and expenses were reasonable in accordance with Section 78B-9-202 and this rule.

    (3) Submit the court's written approval and a request for payment to the Division of Finance.

    (4) The request for payment must verify that the work has been performed as provided by this rule and Section 78B-9-202 and be signed by the appointed counsel. The request for payment must be sufficiently itemized to describe the services performed and such other information as may be reasonably required by the Division of Finance to properly review and process the payment. Original invoices must be submitted for all litigation expenses for which payment is requested.

    (5) Before making payment, the Division of Finance may request additional supporting documentation.

    (6) The Division of Finance may withhold payment for any item in a request for payment when such item conflicts with this rule or the Post-Conviction Remedies Act pending resolution of the amount requested.