§ 31-30. Witness fees.

(a)

Witnesses in any proceeding in the municipal court other than police officers or other officials who shall be employed by the city, shall be entitled to $10.00 per each full day of attendance, plus $0.10 for each mile actually and necessarily traveled in going to and returning from the place of attendance, if their residence is more than ten miles distant from the place of trial. No witness, however, shall receive fees or mileage in more than one case for the same period of time or for the same travel. A defendant seeking to subpoena witnesses must deposit with the municipal court clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting forth:

(1)

The names of no more witnesses than the judge shall determine to be just, necessary and reasonable for the proper defense of said indigent's case;

(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 said witness is material; and

(4)

That their attendance at the trial is necessary to his proper defense.

(b)

In any case where an indigent defendant has properly filled out and filed with the city an affidavit setting forth the abovementioned information, then the fees for such witnesses shall be paid by the city.

(Code 1966, § 7-31; Code 1982, § 18-28; Ord. No. 1576, § 2, 6-7-1975; Ord. No. 1703, § 1, 8-22-1977; Ord. No. 2291, § 1, 6-1-1987)

State law reference

Power of city to set witness fees, 11 O.S. § 27-121.