As amended through August 22, 2024
Rule 6.7 - Appointment of Investigators and Expert Witnesses for Indigent Defendants(a)Appointment. On application, if the court finds that such assistance is reasonably necessary to adequately present a defense at trial or at sentencing, the court may appoint an investigator, expert witnesses, and/or, in a felony matter, a mitigation specialist for an indigent defendant at county or city expense.(b)Ex Parte Proceeding. A defendant may not make an ex parte request under this rule without showing a need for confidentiality. The court must make a verbatim record of any ex parte proceeding, communication, or request, which must be available for appellate review.(c)Definition of a "Mitigation Specialist." As used in this rule, a "mitigation specialist" is a person qualified by knowledge, skill, experience, or other training as a mental health or sociology professional to investigate, evaluate, and present psycho-social and other mitigation evidence.(d)Capital Case. In a capital case, a defendant should make any motion for an expert or mitigation specialist no later than 60 days after the State makes its disclosure under Rule 15.1(i)(3).Added August 31, 2017, effective 1/1/2018.