Equal Access to Justice Act

rdf:langString Equal Access to Justice Act

rdf:langString In the United States of America, the Equal Access to Justice Act (EAJA) authorizes the payment of attorney's fees to a prevailing party in an action against the United States absent a showing by the government that its position in the underlying litigation "was substantially justified". The Act is codified in scattered sections of the United States Code: * 5 U. S. C. § 504 provides that an agency that conducts an adversary adjudication against a prevailing party (as "party" is defined) shall pay the fees and expenses of the party, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified. "Adversary adjudication" is defined as a formal trial-type ex parte proceeding in which the agency is adverse to the party, and governed by 5 U. S. C. § 554 "trial type" proceedings, as opposed to an inter partes proceeding in which the agency adjudicates a dispute between two parties, or the less-formal proceedings of § 555. * 28 U. S. C. §2412 provides that the agency shall pay attorney fees of a prevailing party in a court case against the agency, unless the court finds that the agency position was substantially justified. Each is subject to multiple conditions. Section 2412(d)(1) for court fees requires: * a short time deadline after the favorable final judgment (see Time for Filing), including a statement of "the amount sought, including an itemized statement from any attorney ... stating the actual time expended and the rate" charged. * a showing that the applicant is a "prevailing party" * a showing that the applicant is "eligible to receive an award" * a limit on the net worth of the party (see Net worth) * an allegation that "the position of the United States was not substantially justified" (see and Scarborough v. Principi, 124 S. Ct. 1856, 2004).