Section 6.1602. Witness fees.
(1) The party on whose behalf a witness attends a Court proceeding is responsible for financing the witness, travel to the proceeding, if the witness resides outside the State.
(2) A person attending as a witness in a Court proceeding is entitled to receive three cents per mile for going from and returning to his place of residence or usual place of business or employment, whichever is nearer to the place where he appears as a witness, unless he receives suitable transportation without his expense, or receives a generally accepted prevailing charge for transportation.
(3) If a witness receives a portion of his transportation without his expense, he is entitled to receive mileage for the remaining portion of the travel.
(4) Except when the summoning party is the Government, the summoning party tenders the mileage fee for one round trip to the witness upon service of the witness summons and the mileage fee for additional travel in advance of travel.
(5) If a witness remains in attendance for Court proceedings for more than one day at a point so far removed from his residence or usual place of business or employment as to prohibit his return thereto from day to day, the Court determines a reasonable amount for the witness’ daily subsistence while in attendance. The summoning party tenders this sum to the witness in advance, except when suitable subsistence is available to the witness without his expense.
(6) The failure to tender the fees specified in this section does not exempt a witness from compliance with a summons if he has the means to comply. A person questioning the sufficiency of an amount tendered pursuant to this section promptly brings the matter to the Court’s attention for its resolution.
Section 6.1603. Inability
to pay fee.
(1) If a person states under oath that he is unable to pay fees or give security and that he believes that he is entitled to prevail in a Court proceeding, the Court may authorize the commencement, prosecution or defense of a civil or criminal action, proceeding or appeal without prepayment of fees for serving of process, witness fees or filing fees, or the giving of security therefor. Following Court authorization Court staff and the Police issue and serve process and perform other duties without prepayment of fees or the giving of security. Witnesses attend as in other cases.
(2) The Court may dismiss an action or proceeding or take other action upon a finding that a statement of inability to pay fees is untrue.
(3) In a criminal proceeding the Court may order the issuance and service of a witness summons without prepayment of fees if an accused states under oath the name and address of each witness and the expected testimony and that the testimony of the witness is material to the defense, that the accused cannot safely proceed to trial without the witness and, is unable to pay witness fees. If the Court orders issuance and service of witness summons without prepayment of fees, the Government pays the witness fees.
(4) If the Court authorizes a party to proceed without payment of fees pursuant to this section, payment is from funds appropriated for operations of the Judiciary.
Section 6.1604. Court fees.
The Court establishes
filing and other fees by rule.
Except in a criminal
proceeding the Court may charge fees and expenses incurred by a prevailing party
pursuant to this chapter for the service of process, witness fees, or filing
fees on appeal as part of the costs against the losing party, unless the Court
otherwise orders. The Court does not include fees paid to a witness who is a
party in interest called and examined on his own behalf or on behalf of others
jointly interested with him. If there is more than one prevailing or losing
party, the Court apportions costs as it deems just.
