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12-4411. Subpoenas; witnesses' expenses; abuse of subpoenas, costs. All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The municipal judge or clerk shall issue a subpoena which may be served by any law enforcement officer upon the named person. Disobedience may constitute contempt.

Fees and mileage of witnesses shall be two dollars and fifty cents ($2.50) per day or any part thereof for an appearance of* ten cents (10¢) per mile actually driven over ten (10) miles. The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, except that if an accused person is found not guilty, the city shall pay all such expenses: Provided, The municipal judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person.

History: L. 1973, ch. 61, § 12-4411; April 1, 1974.

Source or prior law:

13-609, 14-811, 15-510.

Revisor's Note:

* The word "of" should have been "and" instead.

Law Review and Bar Journal References:

"A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 11 (1973).

Attorney General's Opinions:

Municipal court procedure; costs; home rule powers. 82-161.

Liability for costs in criminal cases. 84-25.

Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37.


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