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Fill and Sign the And Order to Pay Out of State Witness Form

Fill and Sign the And Order to Pay Out of State Witness Form

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WITNESS ATTENDANCE CERTIFICATE AND ORDER TO PAY OUT-OF-STATE WITNESS G.S. 7A-314 Name Of Defendant Dates Of Attendance/Travel Name Of City And State Traveled From Total Mileage For One Round Trip Total No. Of Days Of Attendance Defense Counsel Name, If Appearing For Defense File No. STATE VERSUS I, the undersigned, certify that I was subpoenaed, bound over, or recognized, or was an out-of-state witness in the above case during the designated session as a witness for the state. defendant. I further certify that this is a true and accurate statement of the total number of days I attended court and the total mileage and expenses incurred for one round trip as shown below. Date Of Session STATE OF NORTH CAROLINA County In The General Court Of Justice District Superior Court Division INSTRUCTION: Present for entry of order only if witness resides in another state. G.S. 7A-314(c). The Court �nds that the witness shown above was a necessary witness in this criminal action and resides in a state other than North Carolina. The Court further �nds that this witness traveled from his/her place of residence and appeared for the purpose of testifying in this case. The witness has proved attendance for the number of days set out above. It is ORDERED that this witness receive compensation and reimbursement for actual expenses incurred, in the amounts set out as total compensation on Side Two, pursuant to G.S. 7A-314(c). INSTRUCTIONS: This form may be used for in-state and out-of-state witnesses. Record witness’ Social Security number or Taxpayer ID on Side Two of AOC-CR-382. For in-state witnesses, complete only the top portion of this form; the order portion is not required if the witness resides in the state of North Carolina. If the witness resides in a state other than North Carolina, the form must be submitted to the presiding judge for entry of the order. All signatures must be originals. A copy of this completed form should be delivered to the clerk at the conclusion of this matter. Please send completed original to: Financial Services Division - Accounts Payable North Carolina Administrative Of�ce of the CourtsP.O. Box 2448Raleigh, NC 27602 Date My Commission Expires Telephone Number Of Witness Email Address Of Witness Signature Of Witness Date Name And Address Of Witness (type or print) Signature Notary Deputy CSC Assistant CSC Clerk Of Superior Court SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME SEAL ORDER Date Signature Of Judge Name Of Judge (type or print) (Over) AOC-CR-235, Rev. 3/15 © 2015 Administrative Of�ce of the Courts NOTE: If witness is appearing on behalf of the prosecution, NCAOC approved mileage rate should be used. If witness is appearing on behalf of defense, IDS approved mileage rate should be used. If selecting (c) or (e), please note, if a witness is required to appear for more than one day for the purposes of testifying , that witness is entitled to either roundtrip mileage each day of appearance or mileage for one roundtrip and subsistence. Subsistence includes breakfast, lunch, and dinner as allowed by “NCAOC” Witness Attendance Policy, not to exceed “NCAOC” rates. Lodging may be included for total subsistence if costs are borne by IDS and lodging was not direct billed. A witness appearing for the purposes of testifying only for one day is not entitled to subsistence. If selecting (f), the witness must select either mileage or reimbursement for rental car. Any “ Other” expense” must be an approved reimbursable expense under the NCAOC travel policies. INSTRUCTIONS: Check which applies and complete the accompanying blocks. If selecting (c) or (e), please see NOTE below. This form should only be used for non-expert witnesses appearing to testify. a. A witness (not a law enforcement of�cer) who resides within the county of appearance. 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in G.S. 7A-314(a)). 1. $ b. A witness (not a law enforcement of�cer) who resides outside the county of appearance, but within seventy-�ve (75) miles of place of appearance. 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in G.S. 7A-314(a)). 2. Total Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) 3. TOTAL COMPENSATION (add blocks 1 and 2) 1. $ 2. $ 3. $ d. A witness who is a law enforcement of�cer and who resides outside the county of appearance, but within seventy-�ve (75) miles of place of appearance. 1. Total Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) 1. $ c. A witness (not a law enforcement of�cer) who resides outside the county of appearance, and more than seventy-�ve (75) miles of place of appearance. 2. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) X Days in Court OR 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in G.S. 7A-314(a)). 1. $ 2. $ 3. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) + Total Subsistence Amount (see NOTE below) 3. $ 3. TOTAL COMPENSATION (add blocks 1 and 2 OR add boxes 1 and 3) 4. $ 4. Total Rental Car Fee + Total Subsistence Amount + Total Other, if any Describe “Other” here (see NOTE below) e. A witness who is a law enforcement of�cer and who resides outside the county of appearance, and more than seventy-�ve (75) miles of place of appearance. 1. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) X Days in Court OR 1. $ 2. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) + Total Subsistence Amount (see NOTE below) 2. $ 2. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) X Days in Court OR 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in G.S. 7A-314(a)). 1. $ 2. $ 3. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE ) + Total Subsistence Amount (see NOTE below) OR 3. $ 4. $ 5. TOTAL COMPENSATION (add blocks 1 and 2, 1 and 3 OR add boxes 1 and 4) 5. $ f. A witness who reside in a state other than North Carolina. NOTE: This requires the Order on the reverse side to be completed by judge. AOC-CR-235, Side Two, Rev. 3/15 © 2015 Administrative Of�ce of the Courts

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