§ 50-23. Witness fees.

Witnesses in any proceeding in the court, other than police officers or peace officers, shall be entitled to $20.00 for each day of attendance, plus current mileage reimbursement as allowed by the Internal Revenue Service, for each mile actually and necessarily traveled in going to and returning from the place of attendance, if his residence is outside the 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. 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. Such deposit shall not be required from an indigent defendant who files an affidavit setting out:

(1)

The names of no more than three 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 of the witnesses at the trial is necessary for his proper defense.

The fees for such witnesses shall be paid by the city.

(Code 1975, § 14-25; Code 1995, § 34-48; Ord. No. 1312, § 1, 3-17-2015)

State law reference

Authority to set fees and mileage, 11 O.S. § 27-121.