This project will reexamine and update the Conference’s Model Rules for Implementation of the Equal Access to Justice Act (EAJA). EAJA provides for the award of attorney fees and other expenses to parties who prevail over the federal government in certain agency adjudicative and court proceedings. In 1981, the Conference issued Model Rules addressing procedures related to the award of fees and expenses under EAJA in agency adjudicative proceedings. The rules cover matters such as eligibility, allowable fees and expenses, information required of applicants, procedures for considering applications, and agency and judicial review of award decisions. The Conference issued a revised set of Model Rules in 1986.
The project will reexamine the 1986 Model Rules and make appropriate revisions to reflect changes in law and practice, drawing in part upon the EAJA rules agencies have issued over the years. The project will be considered by an ad hoc committee that includes all Conference members who wish to participate. The committee will produce a recommendation presenting a revised set of Model Rules for consideration by the full Conference Assembly (unlike the prior versions of the Model Rules, which were promulgated by the Office of the Chairman).