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interim claim tips

 

When Can An Interim Claim Be Filed?

An interim claim is usually submitted after the Appellant's Opening Brief is filed, or it may be filed at a later stage.

In extremely long-record cases (7,500 pages or more), advance arrangement seeking approval of both CCAP administration and the JCC can be made to file more than one interim — usually at a specified point, such as completion of record review. Other exceptions may be made only through advance arrangement — for example, attorney hardship for health reasons. Please call CCAP to make the arrangement.

Interims that are approved for submission prior to the filing of the opening brief may include time spent for motions, client communication time, and record review time.

Counsel who substitute into a case after the opening brief was already filed should normally file only a final claim.

Alert: Additional Interim COVID-19 Claims

The JCC has approved the submission of additional interim COVID-19 claims through the end of 2022 to December 31, 2022. This includes:

  • A pre-AOB interim claim in two types of cases:
    • (1) where the record length exceeds 1,500 pages
    • (2) where counsel has been waiting for an augmented or corrected record longer than 90 days
  • An additional, post-AOB interim claim may be submitted after the reply brief is filed.

The letter from the JCC authorizing the extension is available here (link to PDF). Categories of billable time for these claims are explained in the joint-project memo, which is available here (link to PDF).