Ten Hour Waiver Form

Article author
Denise Torraco
  • Updated


An attorney may request from the Audit and Oversight Department a waiver of the presumptive ten-hour billing limit by submitting a Request for Waiver Form (attached below) prior to billing for each date the attorney wishes to be compensated for time in excess of ten hours.

Each date for which the attorney wishes to be compensated for more than ten hours requires a separate form. If the request for waiver is for time in excess of twelve hours, the Department may request additional information or documentation prior to consideration of the waiver. The Request for Waiver form can also be found in the Appendix of the Assigned Counsel Manual (ACM).

Once the form is completed, it should be saved or printed prior to submitting it; otherwise the data may be lost. Next, the “Submit by E-mail” button in the upper right-hand corner of the form should be clicked. The completed waiver request will then be automatically sent to waiver@publiccounsel.net.

Attorneys should print a copy of the form for their records. Waivers must be submitted after providing the services and before billing for more than ten hours for services performed on the requested waiver date. The Request for Waiver form must be submitted as early as possible - ideally, the day after the attorney concludes a workday on which s/he performed more than ten billable hours of service on assigned cases.

If the attorney submits bills exceeding ten hours at any time after submitting a waiver, but before the waiver is approved, the attorney will be limited to a maximum of ten billable hours on that date. CPCS will not make adjustments of data entry errors made by attorneys, however inadvertent.

Attorneys must obtain approval of waivers promptly in order to allow time to submit their bills within the statutory deadlines (see ACM - Chapter 5, Item L ).

Attorneys will be notified of the decision on their request for a waiver by email. Any questions regarding waivers should be addressed to waiver@publiccounsel.net.

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