Expert services

Instructions and forms

The information below provides instructions on the process, as well as forms for the necessary motions, certification/declarations, and orders.

DPD's Expert Services Policy

Expert Services Requests

• Attorneys are responsible for finding the appropriate expert or service and establishing the most cost-effective means to accomplish the desired goal or task. Be sure to review the DPD expert fee guidelines included in DPD's Expert Services Policy.
• Electronic submission of materials is required. Counsel shall submit all expert services funding requests pursuant to processes and procedures outlined in the DPD Expert Services Policy.  We do not accept written materials or materials submitted incorrectly.
• If a request is modified or denied, that decision can be appealed to the Chief Criminal Presiding Judge. The appeal submission must include the ESAA's written ruling denying the request.

Sealed Superior Court Cases

• Submit all expert services pleadings along with the Motion and Order to Seal Documents and the Motion and Protective Order to the Chief Criminal Presiding Judge per King County Superior Court Manual Section 10.2 (394KB).
• The Chief Criminal Presiding Judge reviews and signs the Order to Seal and Protective Order and forwards all pleadings to DPD.
• DPD processes and forwards all pleadings to ESAAs for review.

Sealed District Court Cases

Submit all expert services funding requests pursuant to processes and procedures outlined in the DPD Expert Services Policy. All funding requests will be ruled upon by the ESAAs. We then forward the request to the District Court Presiding Judge who will rule on the motion to seal and file the request. If the motion to seal is denied, the materials will be returned to the attorney to decide how to proceed. DPD will notify the attorney once sealing and filing are completed.

Protective Orders

Court documents prepared and maintained by the Court are not subject to disclosure under the Public Records Act (PRA). However, when Court documents are transferred to non-judicial County entities, they become subject to the PRA unless they are subject to a Protective Order. Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775 (2011).

A Protective Order covers documents released to 1 or more:

• Other County agencies
• Washington State Auditor or the IRS
• Any State or County financial institution
• The King County Prosecuting Attorney Criminal Division or any other government agency responsible for prosecution of defendant

Expert Services Request forms

Superior Court Cases

• Order Authorizing Expert Services at Public Expense 
• Motion and Certification for Expert Services at Public Expense (35KB)
• Motion and Order to Seal Documents (26KB)
• Motion and Protective Order for Expert Witness and Services Funding Request (33KB)
• Order Appointing Independent Expert or Professional Person and Directing Payment to be Reimbursed by DSHS (54KB)

District Court Cases

• Order Authorizing Expert Services at Public Expense
• Motion and Certification for Expert Services at Public Expense (34KB)
• Motion and Order to Seal Documents (26KB)
• Motion and Protective Order for Expert Witness and Services Funding Request (34KB)
• Order Appointing Independent Expert or Professional Person and Directing Payment to be Reimbursed by DSHS (54KB)

Expert Services tips

• Be sure that all your documentation is accurate. Double-check case name and number and ensure that supporting documentation has current dates.
• DPD staff does not have the authority to modify pleadings. Expert services requests that are incomplete or contain errors will be returned to counsel.
• Immediately contact DPD Expert Services if your expert’s contact information changes.
• Make sure that your Order Authorizing Expert Services at Public Expense has a current date at the bottom and that you have included the business name/DBA of your expert.
• Billing affidavits must be signed by both the attorney and the expert. E-signatures (s/Your Name) are encouraged. The billing affidavit must include billing period start and end date, as well as the grand total.
• Investigators must attach timesheets showing the date and time spent on each case-related activity and the total time corresponding with those activities on the billing affidavit.
• Billing affidavits for transcription services must be accompanied by an itemized invoice clearly showing the calculation of costs of each transcript as well as the total.
• Attach receipts for all expenses greater than $10.