(A) Fees allowed. Witnesses in any proceeding in the Court, other than police officers, shall be entitled to the fees established by ordinance. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
(B) Subpoena; deposit; exception for indigents.
(1) Deposit required. A defendant seeking to subpoena witnesses must deposit with the Clerk of the Court a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned.
(2) Indigents.
(a) Such deposit shall not be required from an indigent defendant who files an affidavit setting out:
1. The names of no more than three witnesses;
2. The defendant, by reason of his or her poverty, is unable to provide the fees and mileage allowed by law;
3. The testimony of such witnesses is material; and
4. Their attendance at the trial is necessary for his or her proper defense.
(b) The fees of such witnesses shall be paid by the town.
(Prior Code, § 13-28)
Statutory reference:
Related provisions, see 11 O.S. § 27-121