Competent professionals

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36-3703. Competent professionals

A. If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional.

B. If the person is indigent, the court shall assist the person in retaining a competent professional to conduct the examination or to participate in the trial on the person's behalf.

C. Each competent professional shall be given reasonable access to the person in order to conduct the examination and shall share access to all relevant medical and psychological records, test data, test results and reports.

D. A competent professional who is retained by a party or who is appointed by the court is not permitted to give testimony unless the competent professional exchanges information as required by this section and, at least ten days before trial, submits to the court and all of the parties a written report of the competent professional's evaluation of the person.

E. At any proceeding under this chapter, a competent professional who is retained by a party or who is appointed by the court is not subject to a court order for the sequestration of witnesses.

F. The court shall approve a reasonable amount to be paid by the county for the services of a competent professional appointed by the court. In approving the amount to be paid the court shall consider the time expended, services rendered, expenses incurred and compensation received in the same case or for the same services from any other source.


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