If there is a question of mental competence, the court must suspend criminal proceedings and appoint at least one licensed psychologist or psychiatrist to examine the defendant’s mental condition.
The court maintains a Court-Approved List of Expert Witnesses for Physicians, Psychiatrists, and Psychologists (EWL) (SDSC Form #ADM-217B) for this purpose. An Expert Witness on this list may be appointed by a judicial officer to assist parties in criminal court proceedings where required by law or as a judicial officer deems necessary or may be appointed to examine a defendant’s mental condition pursuant to Penal Code section 1369.
For information about this program, refer to the Policy for Expert Witness List Physicians, Psychiatrists, and Psychologists for Criminal Cases (SDSC Form #ADM-217).
Frequently Asked Questions for Expert Witnesses
Contact the individual(s) listed for the detention facility where the defendant is being detained. This information can be found in the Sheriff’s Office Facility Contact List that was provided in your initial appointment email.
Yes, evaluations may be conducted via video. Contact the individual(s) listed on the Sheriff’s Office Facility Contact List for the detention facility where the defendant is being detained to arrange for a video conference.
For in custody defendants, first coordinate a date with the appropriate detention facility. For out-of-custody defendants, coordinate a date with the defendant’s attorney. Within 10 days from appointment and once a date is determined, refer to the email confirming your appointment and send an email to the interpreter email address provided therein. The body of the email to the interpreter coordinator should include the following:
A [language] interpreter is needed for the person listed below.
Defendant: [NAME]
Date of Evaluation: [DATE]
Time: [TIME]
Next Hearing Date: [DATE & TIME]
A copy of the Order for Second Evaluation to Determine Mental Competency (SDSC Form #MH-055) is attached.
If an interpreter is not available before the hearing date, a continuance may be required until an interpreter is available.
Complete the Request for Continuance to Complete Evaluation Pursuant to PC § 1368 (SDSC Form # MH-056) and email it to the recipients listed on the form.
All invoices for payment of fees must be submitted to the court’s Administrative Services Department within 30 days following the date of the last service rendered or the conclusion of the proceedings, whichever is later. Refer to the Policy for Expert Witness List Physicians, Psychiatrists, and Psychologists for Criminal Cases (SDSC Form #ADM-217) for additional information.
Send invoices to the following address:
San Diego Superior Court
Attn: Administrative Services
330 West Broadway, Room 357
San Diego, CA 92101