Tulsa Cnty. Dist. Ct. Local R. (Criminal/Traffic) RULE CR 13

When an indigent defendant charged with a criminal offense demonstrates to the

trial judge that his/her sanity at the same time of the offense is to be a significant factor

at trial and/or that the defendant will be prejudiced by a lack of expert assistance, the

trial court shall authorize counsel to obtain expert service reasonably necessary to

permit the indigent defendant to adequately prepare and present his/her defense at trial.

[Ake v. Oklahoma, 105 S. Ct. 1087 (1985) and Rogers v. State, 890 P.2d 959 (Oki. Cr.

1995)].

Application for any expert or investigator needed for a criminal defense must be

filed timely before the trial court. After an ex parte hearing on the record, the

appointment may be conditionally approved. The order approving the appointment shall

define and limit the task or assistance to be provided and the basis for determining that

such assistance is required by the 6th Amendment.

The order will be presented to the Presiding Judge for final approval with a

contract or agreement with the expert or investigator delineating the work to be

performed, an estimate of the total cost, a schedule for completion and an hourly fee for

both in and out-of-court time. The Presiding Judge will deny the appointment or

approve the appointment with dollar or other limitations.

In the event that the approved assistance may exceed the defined limits, counsel

must reapply to the Presiding Judge for additional compensation or assistance.

All orders approving or denying will be filed but may be sealed upon request of

counsel.

In the event that the request is for assistance regarding competency or

examinations required by 1O O.S. §7306 et seq. and the expert is a state employee or

contracted by the court to do the requested examination, only an application to the trial

court is required.

Compensation for appointed experts shall be made only after services are

provided.

When the trial court loses jurisdiction, an application for compensation must

include an itemized statement of the services provided and shall be accompanied by an

affidavit of the expert who provided the services stating whether the amount awarded by

the trial court shall be the sole source of compensation. If other sources of

compensation are used, the other sources of compensation and amounts shall be

specified in the application.