CAUSE NO. 000000000000

THE STATE OF TEXAS	§	IN THE 000TH DISTRICT COURT
§
VS.	§	OF
§
Mr. Defendant	§	____________ COUNTY, TEXAS

EX PARTE MOTION FOR AUTHORIZATION TO OBTAIN
THE SERVICES OF EXPERT WITNESSES

NOTICE TO CLERK OF COURT:

	This motion is to be considered EX PARTE and is filed for purposes of the record.  This motion is required to be SEALED, by law, and disclosure shall be made ONLY to the TRIAL COURT and COUNSEL FOR DEFENDANT. 
TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW Mr. Defendant in the above-styled and numbered cause and herein respectfully moves the Court to provide funds for the expense of obtaining expert witnesses pursuant to Articles 26.05 and 26.052, C.C.P., and in support of thereof would show the Court as follows:
I.

	Defendant is charged with the offense of _________________.   The Defendant was and  is indigent at all times relevant to this proceeding,.  He cannot afford to hire experts to assist in the evaluation, preparation and presentation of his defense. 

II.
	Ake v. Oklahoma, 470 U.S. 68,82 (1985), requires the trial court to provide an expert to
assist an indigent defendant in the evaluation, preparation and presentation of his defense upon a
preliminary showing that assistance of the expert is necessary.  In dicta, Ake suggests that the
defendant ought to be allowed to make this preliminary showing ex parte.  The Texas Court of
Criminal Appeals has held that due process requires that a defendant be allowed to
proceed ex parte.  Williams v. State, 958 S.W.2d 186, 194 (Tex. Crim. App. 1997).  As
recognized in Williams, the ex parte procedure permits the accused to obtain necessary expert
assistance without disclosing his work product, his defensive theories, or his suggested experts, to
his adversary.					

III.
	It should also be noted that judges are not prohibited from “considering an ex parte
communication expressly authorized by law.  “Tx. Code Jud.Conduct, Canon 3B(8)(e). See also
Tex. Disciplinary R. Prof. Conduct 3.05(b)(lawyers are not prohibited from initiating ex parte
communication where “otherwise permitted by law and not prohibited by applicable rules or
procedure...”).  As noted, the ex parte procedure sought in this motion is expressly authorized
and permitted by the Texas Court of Criminal Appeals in Williams v. State.
IV.
	Counsel has contacted numerous experts.    It is anticipated that approximately $_________ is necessary to engage these experts, itemized as follows:

A.		An issue to be highly contested in this case concerns alleged bite marks on the
		body of the alleged victim.  The State has engaged the services of a forensic
odontologist.  Counsel for Defendant has contacted Dr.______________, a
		forensic odontologist who is willing to act as a consultant and
		expert witness for Defendant.  His qualifications are listed in “Exhibit A”, attached. 
Dr._____________ charges a $____retainer, plus $____ per hour out-of-court and $_______per hour in-court for his time.  Counsel estimates Dr._________ fees will total in excess of $__________.
B.		The circumstances of the death of the alleged victim in this case will be highly contested.  The State will present the findings of a forensic pathologist.  It will be necessary for the defense to consult with a forensic pathologist in order to adequately cross-examine the State’s witness on these issues.  Defense counsel has contacted a forensic pathologist, Dr. ______________.  Her qualifications are listed in “Exhibit D”, attached.  Dr. ________ charges $___ per hour for consultation and review, with a $______ retainer.  It is estimated that Dr. _______’s services will total at least $___________.
C.		Many pages of medical records are also at issue in this case.  Defense counsel has contacted ________________, who is a registered nurse and medical records analyst.  Ms.____________’s qualifications are listed in “Exhibit E”, attached.  Ms. _________ charges between $__ and $___ per hour for her services, with a $___ retainer.  It is estimated Ms. _________ total fees will total approximately $________.
D.		Defense counsel cannot adequately investigate the facts of this case alone.  Therefore, Defendant requires the services of an investigator. ____________, a licensed investigator, is also a mitigation specialist.  Mr. ______ will work for $____ per hour, requiring a $__________ retainer.  
	WHEREFORE PREMISES CONSIDERED, Defendant respectfully prays the Court to immediately authorize $40,000.00 to ________________, Trust Account, so that Defendant may be able to engage the services of these experts to prepare for Defendant’s trial.  Defendant prays that the Court order the __________ County District Clerk and/or Lubbock County Auditor to pay said costs upon receipt of an Order in this cause.  Defendant prays that upon showing of reasonable necessity, the Court authorize additional funds as needed at a later date.

Respectfully submitted,

By:                                                           

CAUSE NO. 000000000000

THE STATE OF TEXAS	§	IN THE 000TH DISTRICT COURT
§
VS.	§	OF
§
Mr. Defendant	§	LUBBOCK COUNTY, TEXAS

ORDER ON 
EX PARTE MOTION FOR AUTHORIZATION TO OBTAIN
THE SERVICES OF EXPERT WITNESSES

	Came on this ___ day of ___________ to be considered Defendant’s EX PARTE MOTION FOR AUTHORIZATION TO OBTAIN THE SERVICES OF EXPERT WITNESSES.  Having considered same, the Court is of the opinion that the Motion is good and should be and is, in all things GRANTED.  

	The Court finds that the defendant,_______________, is indigent and unable to afford the services requested above and further authorizes funds in the amount of $____________ for  the services requested herein.

	So Ordered this ____ day of _____, 20___.

	__________________________________
	Hon.  Judge Presiding.