A. Payment Allowed: Witnesses in any proceeding in the court, other than police officers or peace officers, shall be entitled to ten dollars ($10.00) per each day of attendance, plus thirty six cents ($0.36) 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. (1986 Code § 12-28; amd. 2005 Code)
B. Deposit From Defendant; Indigents Excepted:
1. 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. 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 the fees and mileage allowed by law;
c. That the testimony of said witnesses is material; and
d. That their attendance at the trial is necessary for his proper defense.
The fees of such witnesses shall be paid by the city. (1986 Code § 12-28)