Iowa Code 815.4 – Special witnesses for indigents
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Terms Used In Iowa Code 815.4
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
815.4 Special witnesses for indigents.
1. An application for an expert or other witnesses under Iowa rule of criminal procedure
2.20 shall include a statement attesting that the attorney advised the indigent person of the
application, the expected expenses, and the potential for reimbursement of the expenses
pursuant to § 815.9.
2. a. The court shall authorize the securing of a witness prior to the witness incurring any expenses.
b. The court shall either set in advance a maximum dollar amount of the claim for expenses or approve the final amount of the claim for expenses as reasonable compensation. c. The state public defender shall only approve the claim for the expenses of the witness
if the securing of the witness was authorized by the court and either the maximum dollar amount of the claim for expenses was set prior to the expenses being incurred or the court has approved the final amount of the claim for expenses as reasonable compensation.
3. A witness secured for an indigent person under Iowa rule of criminal procedure 2.20
shall file a claim for compensation with the state public defender as required by the rules of
the state public defender, and the claim shall be supported by an itemization specifying the time expended, services rendered, and expenses incurred on behalf of the indigent person.
[C79, 81, §815.4]
93 Acts, ch 175, §21; 99 Acts, ch 135, §24; 2012 Acts, ch 1063, §6
Referred to in §815.1, 815.5, 815.11
1. An application for an expert or other witnesses under Iowa rule of criminal procedure
2.20 shall include a statement attesting that the attorney advised the indigent person of the
application, the expected expenses, and the potential for reimbursement of the expenses
pursuant to § 815.9.
2. a. The court shall authorize the securing of a witness prior to the witness incurring any expenses.
b. The court shall either set in advance a maximum dollar amount of the claim for expenses or approve the final amount of the claim for expenses as reasonable compensation. c. The state public defender shall only approve the claim for the expenses of the witness
if the securing of the witness was authorized by the court and either the maximum dollar amount of the claim for expenses was set prior to the expenses being incurred or the court has approved the final amount of the claim for expenses as reasonable compensation.
3. A witness secured for an indigent person under Iowa rule of criminal procedure 2.20
shall file a claim for compensation with the state public defender as required by the rules of
the state public defender, and the claim shall be supported by an itemization specifying the time expended, services rendered, and expenses incurred on behalf of the indigent person.
[C79, 81, §815.4]
93 Acts, ch 175, §21; 99 Acts, ch 135, §24; 2012 Acts, ch 1063, §6
Referred to in §815.1, 815.5, 815.11