26-2-506. Fees paid by party subpoenaing -- exceptions. (1) Except as provided in subsection (2), fees and compensation of a witness in all criminal and civil actions must be paid by the party who caused the witness to be subpoenaed.
(2) (a) When a witness is subpoenaed by a public defender, as defined in 47-1-103, the fees and expenses must be paid by the office of state public defender as provided in 47-1-119.
(b) In a criminal proceeding, when a witness is subpoenaed on behalf of the attorney general or a county attorney, the witness fees and expenses must be paid by the county except as provided in subsection (2)(c).
(c) The attorney general may reimburse a county for fees and compensation of a witness up to the amount appropriated for witness expenses. If money appropriated for the expenses listed in subsection (2)(b) is insufficient to fully fund those expenses, the county is responsible for payment of the balance.
(d) In any proceeding in which a defendant or respondent is entitled to a public defender, as defined in 47-1-103, but is acting pro se, the witness fees and expenses must be paid by the office of court administrator, as provided in 3-5-901.
History: En. Sec. 4654, Pol. C. 1895; re-en. Sec. 3188, Rev. C. 1907; re-en. Sec. 4943, R.C.M. 1921; re-en. Sec. 4943, R.C.M. 1935; R.C.M. 1947, 25-411; amd. Sec. 24, Ch. 449, L. 2005; amd. Sec. 9, Ch. 358, L. 2017; amd. Sec. 1, Ch. 205, L. 2019.
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