46-15-115. Subpoena for witness when defendant unable to pay.
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/mt/title-46/chapter-15/part-1/46-15-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-15-115 . Subpoena for witness when defendant unable to pay.
(1)The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.
(2)If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103 , a court order must be obtained if more than six witnesses are to be subpoenaed.
(3)If the defendant is represented by a public defender, as defined in 47-1-103 , witness costs must be paid by the office of state public defender as provided for in 47-1-119 .