Title 24, Chapter 10, Section 24
( 24-10-24)
The witness fee shall be $25.00 per diem, and execution shall be
issued by the clerk upon affidavit of the witness to enforce payment
thereof. The payment of fees shall not be demanded as a condition
precedent to attendance; but, when a witness resides outside the
county where the testimony is to be given, service of the subpoena,
to be valid, must be accompanied by tender of the fee for one day's
attendance plus mileage of 20¢ per mile for traveling expenses for
going from and returning to his or her place of residence by the
nearest practical route. Tender of fees and mileage may be made by
United States currency, postal money order, cashier's check,
certified check, or the check of an attorney or law firm. When the
subpoena is issued on behalf of the state, or an officer, agency, or
political subdivision thereof, or a defendant in a criminal case,
fees and mileage need not be tendered. |