Idaho State Statutes - Idaho Attorney Directory

JURORS AND WITNESSES -- FEES AND MILEAGE -- APPLICATION FOR
SUBPOENAS. Witnesses before examining magistrates and in criminal cases in the
probate and justice courts, and jurors and witnesses in a coroner's inquest,
are entitled to four dollars ($4.00) per day for each day actually engaged in
the trial of a case, and twenty-five cents (25¢) per mile, one way, which must
be paid out of the county treasury; provided, however, that when the state or
the defendant requires the attendance of more than three (3) witnesses in its
or his behalf, before such witnesses shall be subpoenaed at the county
expense, or their fees and mileages be a charge against the county, the county
attorney or defendant must make affidavit setting forth that they are
witnesses whose evidence is material for the state or the defense, and the
facts showing such materiality, and that it or he can not safely go to trial
without them. In such case or cases, the court or judge thereof, at the time
the application is made therefor, shall order a subpoena to issue to such of
said witnesses as the court or judge thereof may deem material for the state
or 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.

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