Form AOC-G-309 "Application and Order for Defense Expert Witness Funding in Non-capital Criminal and Non-criminal Cases at the Trial Level" - North Carolina

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Download Form AOC-G-309 "Application and Order for Defense Expert Witness Funding in Non-capital Criminal and Non-criminal Cases at the Trial Level" - North Carolina

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STATE OF NORTH CAROLINA
File No.(s)
In The General Court Of Justice
County
District
Superior Court Division
Name Of Indigent Defendant Or Respondent
APPLICATION AND ORDER FOR
DEFENSE EXPERT WITNESS FUNDING IN
NON-CAPITAL CRIMINAL AND NON-CRIMINAL
Highest Original Charge (Criminal) Or Nature Of Proceeding (Civil)
CASES AT THE TRIAL LEVEL
G.S. 7A-314(d), 7A-454, 7A-498.5(f), 15A-905(c)(2)
INSTRUCTIONS:
Use this form only if you are representing an indigent person at state expense, or if you have been retained but the Court has
entered an Order finding your client indigent for purposes of obtaining expert assistance, and then only in a case in which the Court is responsible for
approving funds for experts, i.e., non-capital and non-criminal cases at the trial level. Do NOT use this form in case types where counsel must seek
prior approval for expert funding from the Office of Indigent Defense Services (IDS) (e.g., potentially capital cases). Do NOT use this form for
non-expert flat fee services, such as polygraph examinations, medical procedures, lab testing, or defense-requested sentencing plans; to seek prior
approval for such services, the attorney should submit a motion and proposed Order to the Court.
The attorney for the defendant or respondent completes Section I and submits the form and a supporting motion justifying the requested expert
services to the Court. If permitted by case law, the attorney for the defendant or respondent may submit this form and the supporting motion ex parte.
If funding is approved, the Court completes Section II and the attorney provides a copy of the form to the approved expert. The expert completes
Section III and Section IV after services are rendered to apply for payment. The expert then submits the completed form, along with an itemized invoice
and any required receipts, to IDS Financial Services, P.O. Box 2448, Raleigh, NC 27602. The expert also submits a copy to the requesting attorney.
I. DEFENSE REQUEST
Based on the factual showing in the attached supporting motion as required by Ake v. Oklahoma and its progeny, the undersigned
attorney for the defendant or respondent named above requests funding for the following expert services. The attorney certifies that
the information provided below is true and accurate.
Check here if request and motion are being submitted ex parte.
Is the expert a current State government employee?
Yes
No
Name And Address Of Expert
If Yes, Name And Address Of Employing Government Agency
Total Amount Of Funding Requested (time and expenses)
Prior Total Funds Approved For This Expert
$
$
Type Of Expert
(check one; if none apply, skip to expert’s highest education level or area of expertise)
Paralegal
Licensed Private Investigator
Attorney Serving As Expert
Transcriptionist (English Language)
Mitigation Expert/Social Worker
If None Of The Above, Expert’s Highest Level Of Education Or Area Of Expertise
High School or GED
Associate’s Degree
Linguist (Federally Certified)
Bachelor’s Degree
Crime Scene and Related
CPA/Financial Expert
Master’s Degree
Pharmacy/Pharm.D.
Information Technology
Ph.D./Psy.D.
Medical Doctor
MD With Specialty
NOTE: The IDS Director may grant deviations from the hourly rates in Section III when necessary and appropriate based on case-specific needs. To
request a deviation, complete form AOC-G-310. If a deviation has been approved, attach a copy to this form.
Expert’s Years Of Experience
(check one if applicable)
Expert has more than 10 years of experience in the field in which he/she is providing services. Start date of experience:
Expert has more than 20 years of experience in the field in which he/she is providing services. Start date of experience:
Date
Name Of Attorney Requesting Expert Funding
Telephone Number Of Attorney
Signature Of Attorney
II. COURT ORDER
The Court finds that the expert identified in Section I would materially assist in the preparation of the defense in this case and that
the denial of such expert assistance would deprive the defendant or respondent of a fair trial or other case resolution. Therefore,
it is ORDERED that the defendant or respondent named above is entitled to $
in funds appropriated to the Office
of Indigent Defense Services (IDS) to employ the expert witness named in Section I; that the expert’s fees and expenses shall
not exceed this amount except by further Order of the Court; and that the expert witness named in Section I shall be compensated
at the hourly rate specified in Section III and the applicable IDS policy.
The Court finds that the expert identified in Section I would not materially assist in the preparation of the defense in this case.
Therefore, it is ORDERED that this motion is denied.
It is ORDERED that (check one only):
The motion submitted by counsel and this Order shall be sealed in the court file and only opened upon further order of the Court.
The motion submitted by counsel and this Order shall be sealed, and counsel shall retain the sealed motion and Order while this
case is pending and file both in the court file within 30 days of final disposition at the trial level.
The motion and Order shall not be distributed beyond the defense team and IDS.
Date
Name Of Judge
Signature Of Judge
AOC-G-309, Rev. 2/15
© 2015 Administrative Office of the Courts
STATE OF NORTH CAROLINA
File No.(s)
In The General Court Of Justice
County
District
Superior Court Division
Name Of Indigent Defendant Or Respondent
APPLICATION AND ORDER FOR
DEFENSE EXPERT WITNESS FUNDING IN
NON-CAPITAL CRIMINAL AND NON-CRIMINAL
Highest Original Charge (Criminal) Or Nature Of Proceeding (Civil)
CASES AT THE TRIAL LEVEL
G.S. 7A-314(d), 7A-454, 7A-498.5(f), 15A-905(c)(2)
INSTRUCTIONS:
Use this form only if you are representing an indigent person at state expense, or if you have been retained but the Court has
entered an Order finding your client indigent for purposes of obtaining expert assistance, and then only in a case in which the Court is responsible for
approving funds for experts, i.e., non-capital and non-criminal cases at the trial level. Do NOT use this form in case types where counsel must seek
prior approval for expert funding from the Office of Indigent Defense Services (IDS) (e.g., potentially capital cases). Do NOT use this form for
non-expert flat fee services, such as polygraph examinations, medical procedures, lab testing, or defense-requested sentencing plans; to seek prior
approval for such services, the attorney should submit a motion and proposed Order to the Court.
The attorney for the defendant or respondent completes Section I and submits the form and a supporting motion justifying the requested expert
services to the Court. If permitted by case law, the attorney for the defendant or respondent may submit this form and the supporting motion ex parte.
If funding is approved, the Court completes Section II and the attorney provides a copy of the form to the approved expert. The expert completes
Section III and Section IV after services are rendered to apply for payment. The expert then submits the completed form, along with an itemized invoice
and any required receipts, to IDS Financial Services, P.O. Box 2448, Raleigh, NC 27602. The expert also submits a copy to the requesting attorney.
I. DEFENSE REQUEST
Based on the factual showing in the attached supporting motion as required by Ake v. Oklahoma and its progeny, the undersigned
attorney for the defendant or respondent named above requests funding for the following expert services. The attorney certifies that
the information provided below is true and accurate.
Check here if request and motion are being submitted ex parte.
Is the expert a current State government employee?
Yes
No
Name And Address Of Expert
If Yes, Name And Address Of Employing Government Agency
Total Amount Of Funding Requested (time and expenses)
Prior Total Funds Approved For This Expert
$
$
Type Of Expert
(check one; if none apply, skip to expert’s highest education level or area of expertise)
Paralegal
Licensed Private Investigator
Attorney Serving As Expert
Transcriptionist (English Language)
Mitigation Expert/Social Worker
If None Of The Above, Expert’s Highest Level Of Education Or Area Of Expertise
High School or GED
Associate’s Degree
Linguist (Federally Certified)
Bachelor’s Degree
Crime Scene and Related
CPA/Financial Expert
Master’s Degree
Pharmacy/Pharm.D.
Information Technology
Ph.D./Psy.D.
Medical Doctor
MD With Specialty
NOTE: The IDS Director may grant deviations from the hourly rates in Section III when necessary and appropriate based on case-specific needs. To
request a deviation, complete form AOC-G-310. If a deviation has been approved, attach a copy to this form.
Expert’s Years Of Experience
(check one if applicable)
Expert has more than 10 years of experience in the field in which he/she is providing services. Start date of experience:
Expert has more than 20 years of experience in the field in which he/she is providing services. Start date of experience:
Date
Name Of Attorney Requesting Expert Funding
Telephone Number Of Attorney
Signature Of Attorney
II. COURT ORDER
The Court finds that the expert identified in Section I would materially assist in the preparation of the defense in this case and that
the denial of such expert assistance would deprive the defendant or respondent of a fair trial or other case resolution. Therefore,
it is ORDERED that the defendant or respondent named above is entitled to $
in funds appropriated to the Office
of Indigent Defense Services (IDS) to employ the expert witness named in Section I; that the expert’s fees and expenses shall
not exceed this amount except by further Order of the Court; and that the expert witness named in Section I shall be compensated
at the hourly rate specified in Section III and the applicable IDS policy.
The Court finds that the expert identified in Section I would not materially assist in the preparation of the defense in this case.
Therefore, it is ORDERED that this motion is denied.
It is ORDERED that (check one only):
The motion submitted by counsel and this Order shall be sealed in the court file and only opened upon further order of the Court.
The motion submitted by counsel and this Order shall be sealed, and counsel shall retain the sealed motion and Order while this
case is pending and file both in the court file within 30 days of final disposition at the trial level.
The motion and Order shall not be distributed beyond the defense team and IDS.
Date
Name Of Judge
Signature Of Judge
AOC-G-309, Rev. 2/15
© 2015 Administrative Office of the Courts
III. STANDARDIZED RATE SCHEDULE, EXPERIENCE, ENHANCEMENTS, AND DEFINITIONS
Standardized Set Compensation Rates
(check one box from this section if any apply; if none apply, skip to base rates below)
Paralegal
$15 per hour
Mitigation Expert/Social Worker
$50 per hour
Transcriptionist (English Language)
$20 per hour
Licensed Private Investigator
$50 per hour
Attorney Serving as Expert
Same rate as the appointed
attorney in the case
Standardized Base Compensation Rates
(if no set rates above apply, check one box from this section that represents highest level of education or expertise)
High School or GED
$30 per hour
CPA/Financial Expert
$100 per hour
Associate’s Degree
$50 per hour
Pharmacy/Pharm.D.
$125 per hour
Linguist (Federally Certified)
$60 per hour
$150 per hour
Information Technology
Bachelor’s Degree
$70 per hour
Ph.D./Psy.D.
$200 per hour
Master’s Degree
$85 per hour
Medical Doctor
$250 per hour
Crime Scene and Related
$100 per hour
MD with Specialty
$300 per hour
NOTE: For experts with base compensation rates, Time In Court Waiting and Time Traveling is compensated at 1/2 of the base rate. This reduction does not apply to
experts with set compensation rates.
Experience Enhancements
(does not apply to experts with set compensation rates; applies only to experts with base compensation rates as identified above)
For expert with more than 10 years of experience in the field in which he or she is providing services, add $10 per hour.
For expert with more than 20 years of experience in the field in which he or she is providing services, add $20 per hour.
Time In Court:
time testifying or observing if asked to observe by the attorney requesting the expert’s services.
Time In Court Waiting:
time the expert is sitting in court waiting to testify when the expert has been called but not yet sworn
in; does not include time spent in court observing if asked to observe by the attorney requesting the
expert’s services.
Time Out Of Court:
time spent reviewing files, documents, or evidence; evaluating the defendant or respondent; preparing
for testimony; meeting with the attorney; or advising the defense on the case.
IV. EXPERT COMPENSATION CALCULATOR
Time In Court
Time Out Of Court
Time In Court Waiting
(divide by 2 for experts with base rates only) NOTE: Do NOT divide by 2 for experts with set rates.
Time Traveling
(divide by 2 for experts with base rates only) NOTE: Do NOT divide by 2 for experts with set rates.
Total Time
(add all time above)
$
Hourly Rate
(as determined by Section III above or form AOC-G-310)
$
Total Hourly Compensation
(Total Time multiplied by Hourly Rate)
$
Mileage/Transportation
$
Meals
$
Lodging
$
Other
(explain)
Total Reimbursable Expenses
$
(based on IDS reimbursement rates)
$
TOTAL COMPENSATION TO BE PAID EXPERT
NOTE: Total Compensation To Be Paid Expert may not exceed amount preapproved by Judge.
Name And Address Of Expert
Name And Address Of Payee (write “same” if same as expert)
Telephone Number Of Expert
Email Address Of Expert
Federal Tax ID Or Social Security Number Of Payee
I, the undersigned expert, make application for payment of pre-authorized services rendered for the indigent defendant or respondent named above,
and for reimbursement of necessary expenses incurred. I certify that the above information is complete and correct to the best of my knowledge. I
further certify that I have submitted a copy of this form and my itemized time sheets to the attorney of record listed in Section I.
Date
Signature Of Expert
For payment, mail form to IDS Financial Services, P.O. Box 2448, Raleigh, NC 27602.
Attach itemized time sheets and receipts.
AOC-G-309, Side Two, Rev. 2/15
© 2015 Administrative Office of the Courts
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