Compensation of Experts

West Virginia Trial Court Rules

Rule: 35.05.

Jurisdiction: WV

Bluebook Citation: W.Va. Tr. Ct. R. 35.05.

The court shall by order establish and approve in advance the reasonable fees and expenses to be paid to an expert. Except as to evaluations pursuant to W.Va. Code §§ 27-6A-1(a)-(e) and 62-12-2(e), the expense of which the court shall, by order, direct payment by the State Department of Health and Human Resources, payment shall be as follows: (a) Expert Requested by the State. Upon completion of services by such expert, the county prosecuting attorney's office shall pay for the expert's evaluation, report-writing, consultation, or other preparation. The court shall, by order, direct payment by the Supreme Court's Administrative Office for the expert's fee and expenses entailed in appearing to testify as a witness. (b) Expert Requested by an Indigent Defendant. Upon completion of services by such expert, the court shall, by order, direct payment by Public Defender Services pursuant to W.Va. Code, Chapter 29. (c) Expert Appointed by the Court on Its Own Motion for the Court's Assistance. Upon completion of services by such expert, the court shall, by order, direct payment by the Supreme Court's Administrative Office. Rule 36. Motions Practice, Criminal

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