When an indigent defendant charged with a criminal offense demonstrates to the trial judge that his/her sanity at the same time of the offense is to be a significant factor at trial and/or that the defendant will be prejudiced by a lack of expert assistance, the trial court shall authorize counsel to obtain expert service reasonably necessary to permit the indigent defendant to adequately prepare and present his/her defense at trial. [Ake v. Oklahoma, 105 S. Ct. 1087 (1985) and Rogers v. State, 890 P.2d 959 (Okl. Cr. 1995)].

Application for any expert or investigator needed for a criminal defense must be filed timely before the trial court. After an ex parte hearing on the record, the appointment may be conditionally approved. The order approving the appointment shall define and limit the task or assistance to be provided and the basis for determining that such assistance is required by the 6th Amendment.

The order will be presented to the Presiding Judge for final approval with a contract or agreement with the expert or investigator delineating the work to be performed, an estimate of the total cost, a schedule for completion and an hourly fee for both in and out-of-court time. The Presiding Judge will deny the appointment or approve the appointment with dollar or other limitations.

In the event that the approved assistance may exceed the defined limits, counsel must reapply to the Presiding Judge for additional compensation or assistance.

All orders approving or denying will be filed but may be sealed upon request of counsel.

In the event that the request is for assistance regarding competency or examinations required by 10 O.S. § 7306 et seq. and the expert is a state employee or contracted by the court to do the requested examination, only an application to the trial court is required.

Compensation for appointed experts shall be made only after services are provided.

When the trial court loses jurisdiction, an application for compensation must include an itemized statement of the services provided and shall be accompanied by an affidavit of the expert who provided the services stating whether the amount awarded by the trial court shall be the sole source of compensation. If other sources of compensation are used, the other sources of compensation and amounts shall be specified in the application.