Expert Witness Claims

Claims by expert witnesses are governed by State Public Defender Rule 13.2(3), which should be reviewed carefully before submitting a claim.  Claims not in compliance with Rule 13.2(3) will be reduced or denied.  Note:  If the services were provided to a client of a local public defender office, the claim for payment should be submitted to the local public defender office for payment, not the State Public Defender.

Summary of Required Elements of an Expert Witness Claim

1. A completed SPD Substitute W-9 Form with your accurate information must be on file with our office.

2. A miscellaneous claim form (original and one copy) must be completed and must contain:

(a) The case name, case number and county in which the action is pending.
(b) The name of the attorney for whom the services were provided, if any.
(c) The date on which services commenced.
(d) The date on which services ended.
(e) The total number of hours claimed.
(f) The total amount of your claim.
(g) Claimant’s name, address, social security or federal tax identification number, and phone number.
(h) Signed by claimant

3. One copy of each of the following documents must be attached:

(a) The application and court order granting authority to hire the expert.
(b) A court order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application noted above, determines that, although the client is able to employ counsel, funds are not available to the client to pay for necessary expert services.
(c) An itemization of the expert’s services detailing the expenses incurred, the services rendered, the dates on which the services were rendered, the time spent on each date, and the manner in which the amount of the claim was calculated.  If the expert charges a "minimum" amount for services based on a specific time, the expert certifies that no other services have been performed or charges made by the expert for any portion of that specific time.
(d) A court order approving the dollar amount of the claim. If the court order authorizing hiring the expert sets a limit for the claim, this additional approval order is unnecessary.

Submission Procedure

Mail completed claim forms with attachments to:

Office of the State Public Defender
Miscellaneous Claims
Lucas State Office Building, Fourth Floor
321 E. 12th Street
Des Moines, IA 50319