Revised Model Rules for Implementation of the Equal Access to Justice Act

Recommendation 2019-4 – Revised Model Rules for Implementation of the Equal Access to Justice Act revises the Conference’s 1986 model agency procedural rules for addressing claims under the Act, which provides for the award of attorney fees to individuals and small businesses that prevail against the government in certain agency adjudications. The revisions reflect, among other things, changes in law and agency practice since 1986.

Citation: Admin. Conf. of the U.S., Recommendation 2019-4, Revised Model Rules for Implementation of the Equal Access to Justice Act, 84 Fed. Reg. 38933 (Aug. 8, 2019).

Contacts:

Implementation Contact

Final Recommendation:

Revised Model Rules for Implementation of the Equal Access to Justice Act

Recommendation number
2019-4
Adoption Date

The Equal Access to Justice Act (EAJA), first enacted in 1980, authorizes the award of attorney fees and other expenses to certain individuals, small businesses, and other entities who prevail against the federal government in judicial proceedings and certain adversarial agency adjudicative proceedings, when the position of the government is not substantially justified.

Project Documents

Name Committee Type Date File
Meeting Agenda 4.30.19 Agenda Download Meeting Agenda 4.30.19
Meeting Agenda 4.10.19 Agenda Download Meeting Agenda 4.10.19
Revised Model Rules for Implementation of the Equal Access to Justice Act Recommendation Download Revised Model Rules for Implementation of the Equal Access to Justice Act
Revised Model Rules for Implementation of EAJA Recommendation Redline for Plenary Recommendation Download Revised Model Rules for Implementation of EAJA Recommendation Redline for Plenary
Revised Model Rules for Implementation of EAJA Recommendation for Plenary Recommendation Download Revised Model Rules for Implementation of EAJA Recommendation for Plenary
Recomendation from Committee 5.17.19 Recommendation Download Recomendation from Committee 5.17.19
Comment from Judge Stephen F. Williams for Plenary Comment Download Comment from Judge Stephen F. Williams for Plenary
Comment from Alan B. Morrison for Plenary Comment Download Comment from Alan B. Morrison for Plenary
Revised Model Rules for Implementation of EAJA Memorandum and Appendix Memorandum Download Revised Model Rules for Implementation of EAJA Memorandum and Appendix
1981 Model Rules Model Rules Download 1981 Model Rules
Revised Model Rules for Implementation of EAJA Redline for Plenary Model Rules Download Revised Model Rules for Implementation of EAJA Redline for Plenary
Annotated Revised Model Rules for Implementation of EAJA From Committee 5.30.19 Model Rules Download Annotated Revised Model Rules for Implementation of EAJA From Committee 5.30.19
Revised Model Rules for Implementation of EAJA 5.17.19 Model Rules Download Revised Model Rules for Implementation of EAJA 5.17.19
Proposed Revisions to 1986 Model EAJA Rules 4.25.19 Model Rules Download Proposed Revisions to 1986 Model EAJA Rules 4.25.19
1986 Model Rules Model Rules Download 1986 Model Rules
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