CHAPTER 17. WITNESSES AND EVIDENCE

PART I. WITNESSES

§3661. Attendance compulsory in civil cases; witnesses within state; deposit

            A. Witnesses in civil cases who reside or who are employed in this state may be subpoenaed and compelled to attend trials or hearings wherever held in this state.

            B. Witnesses who are subpoenaed to attend a trial or hearing shall be paid their travel expenses to and from the courthouse at a rate equal to the rate in effect for state officials and an attendance fee of fifty dollars for each day that the witness is required to appear in court.

            C. No witness shall be subpoenaed to attend a trial or hearing unless the party who desires the testimony of the witness has deposited with the clerk of court the estimated attendance fee and travel expenses.

            D. The witness shall be paid the attendance fee and travel expenses immediately by the clerk of court when the witness has answered the subpoena and has appeared for the purpose of testifying.

            E. In cases of exceptional hardship, the court may increase the travel expenses paid to the witness.

            Amended by Acts 1956, No. 300, §1; Acts 1958, No. 303, §1; Acts 1958, No. 527, §1; Acts 1960, No. 32, §1, eff. Jan. 1, 1961, Acts 1961, No. 25, §1; Acts 1977, No. 606, §1; Acts 1991, No. 145, §1; Acts 2021, No. 259, §3.