A. Payment Allowed: Witnesses in any proceeding in the municipal court, other than police officers or peace officers, shall be entitled to such amount as allowed by statute for each day of attendance, plus such amount as allowed by statute for each mile actually and necessarily traveled in going to, and returning from, the place of attendance, if their residence is more than five (5) miles outside the corporate limits of the city. No witness shall receive fees or mileage in more than one case for the same period of time or the same travel. (1985 Code § 11-27; amd. 2004 Code)
B. Deposit From Defendant; Indigents Excepted:
1. 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.
2. 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 fees and mileage allowed by law;
c. That the testimony of such witnesses is material; and
d. That their attendance at the trial is necessary for his proper defense.
3. The fees of witnesses in such cases (in subsection B2 of this section) shall be paid by the city. (1985 Code § 11-27)