A. Witnesses in any proceeding in the court, other than the police officers or peace officers, shall be entitled to payment as set by the city council per 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 city. 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 court 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: (1990 Code § 6-127; amd. 2006 Code)
1. The names of no more than three (3) witnesses;
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 the attendance at the trial is necessary for his proper defense.
B. The fees of such witnesses shall be paid by the city. (1990 Code § 6-127)