§28-82. Monies from which fees and mileage paid - Taxation as costs

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upon conclusion of proceedings.

A. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a criminal case or proceeding, grand jury proceeding and in any civil case or proceeding in which the party seeking the attendance of the witness is represented by the district attorney, shall be paid, from any monies available for the operations of the district attorney's office in the county where attendance is required, the fees and mileage at the rate prescribed by law.

B. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a criminal case or proceeding in which the party seeking the attendance of the witness is represented by the Indigent Defense System or its agent shall be paid from the court fund. The court clerk shall report the amount of witness fees paid pursuant to this subsection monthly to the Administrative Office of the Courts. The Administrative Office of the Courts shall bill the Indigent Defense System for the cost of the witness fees which shall be paid from funds available for

expenditure by the Indigent Defense System. Payment by the Indigent Defense System to the Administrative Office of the Courts shall be made within ten

(10)days of the receipt of the billing.

C. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion in an administrative proceeding, medicaid fraud investigation, or multicounty grand jury proceeding shall be paid by the party seeking the attendance of the witness. If the party seeking the attendance is the Attorney General or represented by the Attorney General, the witness shall be paid from funds available for expenditure by the Attorney General. If an administrative agency seeking the attendance of the witness is not represented by the Attorney General, the witness shall be paid from funds available for expenditure by the administrative agency.

D. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion issued by a court of this state for which no provision of this section is applicable, shall be paid in the discretion of the court from funds which are subject to the court's orders.

E. Upon conclusion of the proceedings, such fees and mileage shall be taxed as costs in the case, and collected and deposited as other costs in the case. R.L. 1910, § 3232. Amended by Laws 1925, c. 134, p. 199, § 1; Laws 1935, p. 5, § 1; Laws 1965, c. 488, § 1; Laws 1970, c. 156, § 1, eff. July 1, 1970; Laws 1975, c. 227, § 1, eff. Oct. 1, 1975; Laws 1977, c. 253, § 2, eff. Oct. 1, 1978; Laws 1992, c. 282, § 2, eff. Sept. 1, 1992; Laws 1993, c. 227, § 6, eff. July 1, 1993; Laws 1994, c. 229, § 7, eff. Sept. 1, 1994.