As amended through January 31, 2024
(a)Who May File. With respect to expert witnesses appointed or approved by the court in accordance with W.Va. R.Crim.P. 28(a) or W.Va. R.Evid. 706(a), the attorney for the State or the attorney for a defendant found indigent or who claims to be without sufficient means to employ an expert necessary for the defense may file a motion requesting the court's advance approval, which is required, for funds to obtain such assistance. (b)Grounds of Motion. The motion shall state the reasons why the assistance is necessary for an adequate presentation of the case or defense. It may be supported by affidavit.W.Va. Trial. Ct. R. 35.01