New versions of the forms you must use to request expert funding in non-capital criminal and non-criminal North Carolina cases at the trial level are now available on the AOC website. The revised versions of both forms are dated 6/12. The changes to the forms are minor, but one change that attorneys should be aware of is that the form gives the Court the option to allow the motion and order to be sealed and retained in counsel’s file while the case is pending and be filed in the court file within 30 days of final disposition at the trial level.
- AOC-G-309 (“Application and Order for Defense Expert Witness Funding in Non-Capital Criminal and Non-Criminal Cases at the Trial Level”): This form must be used to request expert funding in any non-capital criminal or non-criminal case at the trial level and must be accompanied by a supporting motion. The form contains the approved expert hourly rate schedule.
- AOC-G-310 (“Defense Petition For Expert Hourly Rate Deviation in Non-Capital Criminal and Non-Criminal Cases at the Trial Level and IDS Approval or Denial”): This form must be used to ask the IDS Director to grant a deviation from the applicable standard expert rate in extraordinary circumstances.
These forms can be used now and should be used for all court orders or deviation requests dated July 1, 2012 or later.
There are also new forms for the appointment of experts in capital cases that are available through the IDS website:
Attorneys who have questions about the mechanics of getting an expert can refer to the Experts page of the IDS Forensics website for information about experts, sample motions, and forms and policies.