Rule 4.155. Guidelines for reimbursement of costs in change of venue cases-criminal cases
Consistent with Penal Code section 1037(c), the court in which an action originated must reimburse the court receiving a case after an order for change of venue for any ordinary expenditure and any extraordinary but reasonable-and-necessary expenditure that would not have been incurred by the receiving court but for the change of venue.
(Subd (a) amended effective January 1, 2006; previously amended effective January 1, 2001.)
(b) Reimbursable ordinary expenditures-court related
Court-related reimbursable ordinary expenses include:
(1)For prospective jurors on the panel from which the jury is selected and for the trial jurors and alternates seated:
(A)Normal juror per diem and mileage at the rates of the receiving court. The cost of the juror should only be charged to a change of venue case if the juror was not used in any other case on the day that juror was excused from the change of venue case.
(B)If jurors are sequestered, actual lodging, meals, mileage, and parking expenses up to state Board of Control limits.
(C)If jurors are transported to a different courthouse or county, actual mileage and parking expenses.
(2)For court reporters:
(A)The cost of pro tem reporters, even if not used on the change of venue trial, but not the salaries of regular official reporters who would have been paid in any event. The rate of compensation for pro tem reporters should be that of the receiving court.
(B)The cost of transcripts requested during trial and for any new trial or appeal, using the folio rate of the receiving court.
(C)The cost of additional reporters necessary to allow production of a daily or expedited transcript.
(3)For assigned judges: The assigned judge's per diem, travel, and other expenses, up to state Board of Control limits, if the judge is assigned to the receiving court because of the change of venue case, regardless of whether the assigned judge is hearing the change of venue case.
(4)For interpreters and translators:
(A)The cost of the services of interpreters and translators, not on the court staff, if those services are required under Evidence Code sections 750 through 754. Using the receiving court's fee schedule, this cost should be paid whether the services are used in a change of venue trial or to cover staff interpreters and translators assigned to the change of venue trial.
(B)Interpreters' and translators' actual mileage, per diem, and lodging expenses, if any, that were incurred in connection with the trial, up to state Board of Control limits.
(5)For maintenance of evidence: The cost of handling, storing, or maintaining evidence beyond the expenses normally incurred by the receiving court.
(6)For services and supplies: The cost of services and supplies incurred only because of the change of venue trial, for example, copying and printing charges (such as for juror questionnaires), long-distance telephone calls, and postage. A pro rata share of the costs of routine services and supplies should not be reimbursable.
(7)For court or county employees:
(A)Overtime expenditures and compensatory time for staff incurred because of the change of venue case.
(B)Salaries and benefit costs of extra help or temporary help incurred either because of the change of venue case or to replace staff assigned to the change of venue case.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1998, and January 1, 2006.)
(c) Reimbursable ordinary expenses-defendant related
Defendant-related reimbursable ordinary expenses include the actual costs incurred for guarding, keeping, and transporting the defendant, including:
(1)Expenses related to health care: Costs incurred by or on behalf of the defendant such as doctors, hospital expenses, medicines, therapists, and counseling for diagnosis, evaluation, and treatment.
(2)Cost of food and special clothing for an in-custody defendant.
(3)Transportation: Nonroutine expenses, such as transporting an in-custody defendant from the transferring court to the receiving court. Routine transportation expenses if defendant is transported by usual means used for other receiving court prisoners should not be reimbursable.
(Subd (c) amended effective January 1, 2006.)
(d) Reimbursable ordinary expenditures-defense expenses
Reimbursable ordinary expenses related to providing defense for the defendant include:
(1)Matters covered by Penal Code section 987.9 as determined by the transferring court or by a judge designated under that section.
(2)Payment of other defense costs in accordance with policies of the court in which the action originated, unless good cause to the contrary is shown to the trial court.
(3)Unless Penal Code section 987.9 applies, the receiving court may, in its sound discretion, approve all trial-related expenses including:
(A)Attorney fees for defense counsel and, if any, co-counsel and actual travel-related expenses, up to state Board of Control limits, for staying in the county of the receiving court during trial and hearings.
(B)Paralegal and extraordinary secretarial or office expenditures of defense counsel.
(C)Expert witness costs and expenses.
(D)The cost of experts assisting in preparation before trial or during trial, for example, persons preparing demonstrative evidence.
(F)Defense witness expenses, including reasonable-and-necessary witness fees and travel expenses.
(Subd (d) amended effective January 1, 2006; previously amended effective January 1, 1998.)
(e) Extraordinary but reasonable-and-necessary expenses
Except in emergencies or unless it is impracticable to do so, a receiving court should give notice before incurring any extraordinary expenditures to the transferring court, in accordance with Penal Code section 1037(d). Extraordinary but reasonable-and-necessary expenditures include:
(1)Security-related expenditures: The cost of extra security precautions taken because of the risk of escape or suicide or threats of, or the potential for, violence during the trial. These precautions might include, for example, extra bailiffs or correctional officers, special transportation to the courthouse for trial, television monitoring, and security checks of those entering the courtroom.
(2)Facility remodeling or modification: Alterations to buildings or courtrooms to accommodate the change of venue case.
(3)Renting or leasing of space or equipment: Renting or leasing of space for courtrooms, offices, and other facilities, or equipment to accommodate the change of venue case.
(Subd (e) amended effective January 1, 2006; previously amended effective January 1, 1998.)
(f) Nonreimbursable expenses
Nonreimbursable expenses include:
(1)Normal operating expenses including the overhead of the receiving court, for example:
(A)Salary and benefits of existing court staff that would have been paid even if there were no change of venue case.
(B)The cost of operating the jail, for example, detention staff costs, normal inmate clothing, utility costs, overhead costs, and jail construction costs. These expenditures would have been incurred whether or not the case was transferred to the receiving court. It is, therefore, inappropriate to seek reimbursement from the transferring court.
(2)Equipment that is purchased and then kept by the receiving court and that can be used for other purposes or cases.
(Subd (f) amended effective January 1, 2006.)
(1)Documentation of costs: No expense should be submitted for reimbursement without supporting documentation, such as a claim, invoice, bill, statement, or time sheet. In unusual circumstances, a declaration under penalty of perjury may be necessary. The declaration should describe the cost and state that it was incurred because of the change of venue case. Any required court order or approval of costs also should be sent to the transferring court.
(2)Timing of reimbursement: Unless both courts agree to other terms, reimbursement of all expenses that are not questioned by the transferring court should be made within 60 days of receipt of the claim for reimbursement. Payment of disputed amounts should be made within 60 days of the resolution of the dispute.
(Subd (g) amended effective January 1, 2007; previously amended effective January 1, 2006.)
Rule 4.155 amended effective January 1, 2007; adopted as section 4.2 of the Standards of Judicial Administration effective July 1, 1989; amended and renumbered as rule 4.162 effective January 1, 2001; previously amended effective January 1, 1998, and January 1, 2006.