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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 per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is more than ten (10) miles distance from the place of trial. 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 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:
1. The name of no more witnesses than the judge for the city shall determine to be just, necessary and reasonable for the proper defense of the indigent's case;
2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
3. That the testimony of the witnesses is material; and
4. That their attendance at the trial is necessary for his proper defense.
In any case where an indigent defendant has properly filled out and filed with the city an affidavit setting forth the above mentioned information, then the fees of such witnesses shall be paid by the city. (Ord. 82-7-1, 7-6-1982)