(A) Payment allowed. Witnesses in any proceeding in the Court other than police officers or peace officers shall be entitled to a sum 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 of the limits of the town. 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 required.
(1) Subpoena witnesses. 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 not more than three witnesses;
2. That the defendant, by reason of his or her 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 or her proper defense.
(b) The fees of such witnesses shall be paid by the town.
(Prior Code, § 1-8-15)