A. Fees Paid By Defendant; Deposit: Witnesses in any proceeding in the court other than the 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 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 clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, with the exception as provided in subsection B of this section. (1983 Code § 6-130; amd. 2005 Code)
B. Indigent Defendants:
1. 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 the witnesses is material; and
d. That their attendance at the trial is necessary for his proper defense.
2. The fees of such witnesses shall be paid by the city. (1983 Code § 6-130)