Witnesses in any proceeding in the court, other than police officers or peace officers, shall be entitled to payment at the rates prescribed by state statute for each day of attendance and for each mile actually and necessarily traveled in going to and returning from the place of attendance, if their residence is outside the limits of the municipality. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the Clerk a sum sufficient to cover fees and mileage for one day’s attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out the names of more than three witnesses; that the defendant, by reason of his or her poverty is unable to provide the fees and mileage allowed by law; that the testimony of said witnesses is material and their attendance at the trial is necessary for his proper defense. The fees of such witnesses shall be paid by the municipality.
(Prior Code, § 1-9-16) (Ord. 2005-4, passed 9-12-2005)