2005 Idaho Code - 19-3008 — FEES AND MILEAGE OF WITNESSES

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 30
                      WITNESSES IN CRIMINAL PROCEEDINGS
    19-3008.  FEES AND MILEAGE OF WITNESSES. When a person shall attend before
a grand jury, or the district court, as a witness, upon a subpoena, or
pursuant to an undertaking, such person shall receive the same rate per mile
as the state of Idaho pays for state employees pursuant to section 67-2008,
Idaho Code, but no person can receive more than one (1) mileage under this
section per day of attendance in court; such person shall also receive eight
dollars ($8.00) per day for each day's actual attendance as such witness and
reasonable lodging expenses when approved in advance by the judge before whom
the witness appears. Such mileage and per diem must be paid out of the county
treasury of the county where such district court is held, upon the certificate
of the clerk of said court: provided, however, that when a defendant in a
criminal proceeding requires the attendance of more than five (5) witnesses in
his behalf, before such witnesses shall be subpoenaed at the county's expense,
or their fees and mileage be a charge against the county, such defendant must
make affidavit setting forth that they are witnesses whose evidence is
material to his defense, and that he can not safely go to trial without them.
In such case the court, or the judge thereof, at any time application is made
therefor, shall order a subpoena to issue to such of said witnesses as the
court, or the judge thereof, may deem material for the defendant, and the
costs incurred by the process and the fees and mileage of such witnesses shall
be paid in the same manner that the costs and fees of other witnesses are
paid.