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1. Witnesses in any proceeding in the Municipal Court, other than police officers or peace officers, whenever, under the laws of this state, a person may be compelled by order, subpoena or other lawful compulsion to appear as a witness, whether or not testimony or other evidence is actually adduced, the witness shall receive the following:
a. For a witness who appears from another state or foreign country in a criminal proceeding in this state, the amount specified in 22 O.S. § 718;
b. For a witness who appears from this state in a criminal proceeding in another state, the amount specified in 22 O.S. § 722; and
c. For a witness who appears from this state pursuant to an order, subpoena or other lawful means for compelling the appearance of the witness, $10 for each day of attendance, plus reimbursement as prescribed by law for travel expenses at rates not to exceed those prescribed by law for reimbursement for state employees.
(1) In computing mileage allowances for witnesses, parts of a mile shall be rounded to the nearest whole number of miles. Where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed.
(2) No witness shall receive per diem or mileage in more than one case covering the same period of time, or the same travel, and each witness shall be required to make oath that the fees claimed have not been claimed or received in any other case, and no juror while serving as a juror or party to a civil action shall receive compensation as a witness.
2. 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; such deposit shall not be required from an indigent defendant who files an affidavit setting out:
a. The names of no more than three witnesses;
b. That the defendant, by reason of poverty, is unable to provide fees and mileage allowed by law;
c. The testimony of such witnesses is material; and
d. Their attendance at the trial is necessary for proper defense.
3. The fees of witnesses in such cases (subsection 2. above) shall be paid by the city.