Guidelines for Regular Witness Fee Payments
Quarterly Witness Fee Reports
Guidelines for Expert Payments
Revised & Adopted by the District Attorneys Council 11/10/04
These guidelines govern the payment of experts.
Payments to experts shall be approved by the District Attorneys Council. The Council has authorized the Executive Coordinator to pay presumptively approved amounts without a vote of the Council according to the guidelines set forth below. If the request is not within the presumptively approved guidelines, it must be submitted to the Council for approval. Requests involving state officials and employees must also be submitted to the Council for approval. Districts are responsible for payment from funds other than witness fee funds should the witness fee fund be depleted or should the amount exceed the guidelines and be disapproved by the District Attorneys Council.
Expert fee payments are generally reserved for experts that are contacted after the incident to provide additional information and/or testimony to prove elements of the offense or to refute defense claims and who are contacted due to their expertise in a particular area related to the prosecution. A fact witness is a witness testifying due to action taken during his course of business or personal observation about the incident, including, but not limited to, ER physicians, SANE nurses, and forensic interviewers, at the time of the initial exam. Expert fee payments are generally not used for fact witnesses.
State officials and employees may not charge for services performed in the normal course of state business. However, payments to witnesses employed by the State who performed the initial exam or investigation and who have since retired from State employment may be approved in certain instances where the employee is hired as a consultant and the employee and the state agency have arrangements to prevent duplicate payment.
Travel costs shall be paid from the evidence fund in accordance with the State Travel Reimbursement Act, which shall be in addition to any expert fee paid. See 74 O.S., § 500.1 et seq.
The presumptive rates are set forth below. To obtain presumptive approval, the request may not exceed either the total cost or the hourly rate.
For example, a psychologist who works ten hours for $90 per hour would be presumptively approved for only $750. A psychologist who worked two hours for $125 per hour would be presumptively approved for only $200.
PSYCHOLOGIST Total cost of seven hundred fifty dollars ($750) per expert and an amount not to exceed one hundred dollars ($100) per hour. (Ph.D.)
PSYCHIATRIST Total cost of one thousand dollars ($1,000) per expert and an amount not to exceed one hundred twenty-five dollars ($125) per hour. (M.D.)
SURGEON OR OTHER MEDICAL SPECIALIST Total cost of one thousand dollars ($1,000) per expert and an amount not to exceed one hundred and twenty-five dollars ($125) per hour.
PHYSICIAN IN GENERAL PRACTICE Total cost of seven hundred fifty dollars ($750) and an amount not to exceed one hundred dollars ($100) per hour.
OTHER MEDICAL TECHNICAL PERSONNEL Total cost of three hundred fifty dollars ($350) and an amount not to exceed fifty dollars ($50) per hour.
CPA Total cost of eight hundred fifty dollars ($850) per expert and an amount not to exceed eighty-five dollars ($85) per hour.
MULTI-DISCIPLINARY EXPERTS Total cost of one thousand five hundred dollars ($1,500) and an amount not to exceed one hundred fifty dollars ($150) per hour. This will include individuals who have two or more distinct professions, such as a physician/attorney.
DNA EXPERTS Total cost of three thousand dollars ($3,000) and an amount not to exceed one hundred fifty dollars ($150) per hour.
EXPERT IN OTHER AREAS OF SCIENCE AND TECHNOLOGY Total cost of one thousand two hundred fifty dollars ($1,250) and an amount not to exceed one hundred twenty-five dollars ($125) per hour. This will include non-medical experts in science and technology.
OTHER PROFESSIONALS Total cost of three hundred fifty dollars ($350) and an amount not to exceed fifty dollars ($50) per hour.
Guidelines for Regular Witness Fee Payments
* As per 12 O.S. § 417, Civil Procedure, Witness Fees and Mileage, Witnesses shall be paid the same fees and mileage as are paid in civil cases in district and superior courts.
* As per 22 O.S. § 718, Criminal Procedure, Fees-Payment-Witnesses from Another State, A witness who appears from another state to testify in this state in a criminal case shall be reimbursed as prescribed by law for travel and expenses at rates not to exceed those prescribed by law for reimbursement of state employees traveling interstate. Such witnesses shall receive the same fees as witnesses who appear from this state, pursuant to Section 81 of Title 28 of the Oklahoma Statutes. If the witness is under eighteen (18) years of age, or requires the assistance of a guardian due to age or infirmity, the travel expenses of one parent or guardian may be reimbursed also. The parent or guardian shall not be entitled to a witness fee.
* As per 22 O.S. § 719, Criminal Procedure, Persons Held as Material Witnesses to be Informed of Constitutional Rights-Fees, Whenever any person shall be taken into custody by any law enforcement officer to be held as a material witness in any criminal investigation or proceeding, he shall receive during the time he is in custody, the witness fee provided by law for witnesses in criminal cases.
* As per 22 O.S. § 722, Criminal Procedure, Summoning Witness in this State to Testify in Another State, A judge of a court of record in any state can command persons within that state to attend and testify in this state. If at the hearing the judge determines that the witness is material and necessary, the witness who is summoned will be paid the greater of the sum authorized by the law of the state to which the witness must travel or the sum of fifteen cents (.15¢) a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and twelve dollars ($12.00) for each day, that he is required to travel and attend as a witness.
* As per 22 O.S. § 723, Criminal Procedure, Witness from Another State Summoned to Testify in this State, If the witness is summoned to attend and testify in this state he shall be tendered, at the time he is ordered to appear, travel and expenses pursuant to Section 718 of this title for each day he is required to travel and attend as a witness. A judge of a court of record in this state may approve travel and expenses pursuant to Section 718 of this title for witnesses who voluntarily appear and testify in a criminal prosecution or grand jury investigation upon proper affidavit and showing.
* As per 28 O.S. § 81, Fees, Witness Fees, A witness who appears from this state pursuant to an order, subpoena, or other lawful means for compelling the appearance of the witness, shall receive ten dollars ($10.00) for each day of attendance, plus reimbursement as prescribed by law for state employees. No witness shall receive per diem or mileage in more than one case covering the same period of time.
Quarterly Witness Fee Reports
*Witness Fee Reports are due quarterly from each district.
*A current report must be on file to receive a requested quarterly allotment.
*A current report also needs to be on file for a special request.
*A report is due even if there have been no expenditures for the quarter.
Please see "Finance Forms" for a blank form.