North Carolina > Statewide > Criminal
Witness Attendance Certificate CR-235 - North Carolina
| Witness Attendance Certificate Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County Name Of Defendant Date Of Session File No. In The General Court Of Justice District Superior Court Division STATE VERSUS WITNESS ATTENDANCE CERTIFICATE AND ORDER TO PAY OUT-OF-STATE WITNESS G.S. 7A-314 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 state. defendant. designated session as a witness for the 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. Dates Of Attendance Name Of City And State Traveled From Total Number Of Days Attended Court Defense Counsel Name, If Appearing For Defense Total Mileage For One Round Trip Signature Of Witness SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME: Date Signature Name And Address Of Witness (Print Or Type) Deputy CSC Assistant CSC Notary Clerk Of Superior Court Telephone Number Of Witness Email Address Of Witness SEAL Date My Commission Expires ORDER INSTRUCTION: Present for entry of order only if witness resides in another state. G.S. 7A-314(c). The Court finds 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 finds 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). Date Signature Of Judge Name Of Judge (Type Or Print) 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 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 Office of the Courts PO Box 2448 Raleigh, NC 27602 AOC-CR-235, Rev. 6/12 © 2012 Administrative Office of the Courts (Over) American LegalNet, Inc. www.FormsWorkFlow.com 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 officer) who resides within the county of appearance. Days in Court X $ /day (statutory rate for witness appearance rate as listed in 7A-314(a)). b. A witness (not a law enforcement officer) who resides outside the county of appearance, but within seventy-five (75) miles of place of appearance. 1. 1. 1. $ Days in Court X $ /day (statutory rate for witness appearance 1. $ rate as listed in 7A-314(a)). 2. Total Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE) 2. $ 3. $ 3. TOTAL COMPENSATION (add blocks 1 and 2) c. A witness (not a law enforcement officer) who resides outside the county of appearance, and more than seventy-five (75) miles of place of appearance. 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in 7A-314(a)). X AOC or IDS approved Mileage Rate 2. Roundtrip Mileage /mile (see NOTE) X Days in Court OR X AOC or IDS approved Mileage Rate 3. Roundtrip Mileage Total Subsistence Amount (see chart and /mile (see NOTE) + NOTE below) 4. TOTAL COMPENSATION (add blocks 1 and 2 OR add box 1 and 3) 1. $ 2. $ 3. $ 4. $ d. A witness who is a law enforcement officer and who resides outside the county of appearance, within seventy-five (75) miles of place of appearance. 1. Total Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE) 1. $ e. A witness who is a law enforcement officer and who resides outside the county of appearance, and more than seventy-five (75) miles of place of appearance. 1. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE) X Days in Court OR X AOC or IDS approved Mileage Rate 2 Roundtrip Mileage /mile (see NOTE) + Total Subsistence Amount (see chart and NOTE below) f. A witness who resides in a state other than North Carolina. NOTE: This requires the Order on the reverse side to be completed by judge. 1. Days in Court X $ /day (statutory rate for witness appearance rate as listed in 7A-314(a)). 2. Roundtrip Mileage X AOC or IDS approved Mileage Rate /mile (see NOTE) X Days in Court OR X AOC or IDS approved Mileage Rate 3. Roundtrip Mileage Total Subsistence Amount (see chart and /mile (see NOTE) + NOTE below) OR 4. Total Rental Car Fee + Total Subsistence Amount Total Other, if any + Describe "other" here (see NOTE below) 5. TOTAL COMPENSATION (add blocks 1 and 2, 1 and 3 OR add box 1 and 4) # of Breakfasts X AR + SUBSISTENCE CALCULATION CHART # of Lunches X AR + # of Dinners X AR Total Lodging Amount (see NOTE below) 1. $ 2. $ 1. $ 2. $ 3. $ 4. $ 5. $ $ $ 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 "AOC" subsistence policies, not to exceed "AOC" 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 "others" must be an approved reimbursable expense under the NCAOC travel policies. American LegalNet, Inc. AOC-CR-235, Side Two, Rev. 6/12 www.FormsWorkFlow.com © 2012 Administrative Office of the Courts $ Total Subsistence Amount NOTE: AR stands for Approved Rate. NOTE: If witness is appearing on behalf of the prosecution, AOC approved mileage rate should be used. If witness is appearing on behalf of defense, IDS
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