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ATTORNEYS FOR DEFENDANT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ________________
THE PEOPLE OF THE STATE OF CALIFORNIA, ) CASE NO.
__________________
EX PARTE APPLICATION FOR APPOINTMENT OF EXPERT
AND FOR FUNDING AND POINTS AND AUTHORITIES IN SUPPORT
THEREOF
(Evidence Code §730)
TO: JUDGE OF THE ________________ COUNTY SUPERIOR
COURT:
Application is hereby made for an ex parte order for
funds to employ an expert witness, to wit, an expert to
advise the defendant on a confidential basis and testify on
the defendant's behalf and for such other orders as may seem
just and proper to the court.
The motion will be made on the grounds that the advice
and testimony of this expert is necessary to the preparation
of the defense of this action.
This application is based on this ex parte application,
on the attached declarations of _, the memorandum of points
and authorities filed herewith. on such supplemental
declarations, affidavits or memorandum of points and
authorities as may hereafter be filed with the court, on all
the papers and records on file in this action, and on such
oral and documentary evidence as may be presented at the
hearing ot the motion.
Dated: ______________
MEMORANDUM OF POINTS AND AUTHORITIES
Defendant submits the following points and authorities in
support of the motion for an order appointing an expert:
I. THE RIGHT TO COUNSEL GUARANTEED BY BOTH THE FEDERAL
AND STATE CONSTITUTIONS REQUIRES THE APPOINTMENT OF
NECESSARY EXPERTS TO ASSIST IN THE PREPARATION OF A
DEFENSE
It cannot be doubted that the right to counsel guaranteed
by both the federal and state Constitutions includes, and
indeed presumes, the right to effective counsel, and "the
right to effective counsel also includes the right to
ancillary services necessary in the preparation of a
defense" [Keenan v. Superior Court (1982) 31 Cal. 3d
424, 428]. "A fundamental part of the constitutional
right of an accused to be represented by counsel is that his
attorney . . . is obviously entitled to the aid of such
expert assistance as he may need . . . in preparing the
defense" [Re Kechtel, (1968) 68 Cal. 2d 397,
399-400]. "There can be no question that in a proper
factual situation a court must appoint an expert that is
needed to assist an indigent defendant in his defense"
[Torres v. Municipal Courffor Los Angeles Judicial
District, ( 1975, 2nd Dist.) 50 Cal. App. 3d 778, 785).
EVIDENCE CODE §730 PROVIDES THE AUTHORITY FOR
APPOINTMENT OF AN EXPERT
Evidence Code §730 explicitly provides for
court-appointed expert witnesses:
"When it appears to the court, at any time before or
during the trial of an action, that expert evidence is or
may be required by the court or by any party to the action,
the court on its own motion or on motion of any party may
appoint one or more experts to investigate, to render a
report as may be ordered by the court, and to testify as an
expert at the trial of the action relative to the fact or
matter as to which such expert evidence is or may be
required. The court may fix the compensation for such
services, if any, rendered by any person appointed under
this section, in addition to any services as a witness, at
such amount as seems reasonable to the court."
Evidence Code §731(a) and Government Code
§29603 clearly state that the county must pay for those
court-ordered expenses.
While these statutes, of course, do not enumerate the
type of experts to be appointed, the Supreme Court has held
that "the right to such services is to be inferred from at
least two statutes respecting an indigent defendant's right
to legal assistance" [Corenevsky v. Superior Court,
(1984) 365 Cal. 3d 307,319].
A right to ancillary defense services arises once the
defendant has demonstrated a need for such services by
reference to the general lines of inquiry he wishes to
pursue, being as specific as possible" [People v. Fixel,
(1979, 2nd Dist.) 91 Cal. App.3d 327,330].
The right to counsel and to due process under the law
includes the right to ancillary services such as an expert
witness [Kennan v. Superior Court, (1982) 21 C.3rd
424,428; Sand v Superior Court, (1983) 34 Cal.3rd 567, 575;
Corenevsky v. Superior Court, (1981) 36 Cal.3rd
307,319-320]. The court may so order the required
defense services at county expense [California Evidence
Code §730-731].
CONCLUSION
Based on the statutes and case law cited here, and on the
document presented herein. defendant respectfully requests
the funds as noted below be approved for retaining an expert
in this matter.
Name of expert witness:
________________________________________________________________
(Curriculum Vitae attached)
Estimated cost of services: $ ________________ per hour
to a maximum of $ ________________________
Estimated cost of covered expenses (travel,
accommodations) $ _______________________
Overages, such as additional services or court
proceedings, shall be requested in advance by separate
motion.
Dated: _______________________
ATTORNEY FOR THE DEFENSE
BY: ____________________________
ATTORNEY AT LAW
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