Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city council for each day of attendance. However, no witness shall receive fees in more than one case for the same period of time. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:
A. The names of no more than three (3) witnesses;
B. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
C. That the testimony of the witnesses is material; and
D. That their attendance at the trial is necessary for his proper defense.
The fees of such witnesses shall be paid by the city and may be recovered as costs as provided in this chapter. (Prior code § 12-31)