A. Fees And Mileage Allowed: Witnesses in any proceeding in the court, other than 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 outside the limits of the city). However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
B. Deposit From Defendant; Exception For Indigents:
1. Deposit Required: 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.
2. Indigent Defendants:
a. Such deposit shall not be required from an indigent defendant who files an affidavit setting out:
(1) The names 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 said witnesses is material; and
(4) That their attendance at the trial is necessary for his proper defense.
b. In any case where an indigent defendant has properly filled out and filed with the city an affidavit setting forth the information mentioned in subsection B2a of this section, then the fees of such witnesses shall be paid by the city. (1985 Code ch. 12 § 1-31; amd. 2016 Code)