2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5903 - Compensation and expenses of witnesses.

     § 5903.  Compensation and expenses of witnesses.
        (a)  Scope.--The provisions of this section apply to a
     witness served with a subpoena to testify before any government
     unit (except the minor judiciary) or before the Philadelphia
     Municipal Court, but do not affect:
            (1)  The right of a witness who gives expert testimony to
        receive additional per diem compensation therefor.
            (2)  The compensation of a witness from another
        jurisdiction who appears to testify in a criminal proceeding
        in this Commonwealth by virtue of process issued under the
        authority of such other jurisdiction.
        (b)  Compensation.--Every witness, except a salaried police
     officer attending a coroner's inquest during working hours,
     shall be paid at the rate of $5 per day during the necessary
     period of attendance. A witness under the act of March 30, 1937
     (P.L.115, No.40), known as "The First Class City Permanent
     Registration Act" shall be paid at the rate of $20 per day.
        (c)  Travel.--Every witness, except a salaried police officer
     attending a coroner's inquest during working hours, shall be
     paid mileage at the rate of 7¢ for each mile circular actually
     and necessarily travelled between the place named in the
     subpoena and the place of residence of the witness.
        (d)  Lodging and subsistence.--When a matter is prolonged
     from one day to the next a witness necessarily present on both
     days who resides more than 50 miles by the usually-travelled
     route from the place named in the subpoena and who remains there
     overnight shall be paid commutation of lodging and subsistence
     for each such night in an additional amount equal to the per
     diem witness fee.
        (e)  Adjournments and postponements.--When a matter is
     adjourned, continued or postponed for more than one day, or is
     prolonged from one week to the next, a witness necessarily
     present both before and after such interval and who returns to
     the place of residence of the witness during such interval shall
     be paid one additional travel allowance for each such interval.
        (f)  Multiple matters.--A witness necessarily present for
     more than one matter at the same place during any day shall
     receive only one payment for compensation and expenses under
     this section.
        (g)  Witness not called.--A witness who attends any matter
     under subpoena, but who is not called to testify therein, shall
     receive the same compensation and expenses as if actually called
     to testify.
        (h)  Payment at time of service of subpoena.--At the time a
     witness is served with a subpoena for any civil matter the
     witness shall, upon demand, be paid the witness fee for one day
     and travel expense provided in this section.
        (i)  Certification.--The person disbursing compensation and
     expenses to a witness under this section may require that the
     witness first certify under 18 Pa.C.S. § 4904(b) (relating to
     statements "under penalty") that the compensation and expenses
     paid do not exceed the amount specified by this section.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
     P.L.693, No.142, eff. 60 days)

        1980 Amendment.  Act 142 amended subsec. (a).
        1978 Amendment.  Act 53 added section 5903.
        References in Text.  The act of March 30, 1937 (P.L.115,
     No.40), known as The First Class City Permanent Registration
     Act, referred to in subsec. (b), was repealed by the act of June
     30, 1995 (P.L.170, No.25), known as the Pennsylvania Voter
     Registration Act, which was repealed by the act of January 31,
     2002 (P.L.18, No.3). The subject matter is now contained in
     Title 25 (Elections).
        Cross References.  Section 5903 is referred to in sections
     6158, 7309 of this title; section 1601 of Title 25 (Elections);
     section 1108 of Title 65 (Public Officers).

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