Okla. Stat. tit. 28, § 28-81
This is the official text of Okla. Stat. tit. 28, § 28-81, part of Oklahoma’s Stat. tit. 28, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 28,." Browse the sections below, each linked to its official government source.
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Witness fees
Official statutory text
A. Whenever, under the laws of this state, a person may be
compelled by order, subpoena, or other lawful compulsion to appear
as a witness, whether or not testimony or other evidence is actually
adduced, the witness shall receive the following:
1. For a witness who appears from another state or foreign
country in a criminal proceeding in this state, the amount specified
in Section 718 of Title 22 of the Oklahoma Statutes;
2. For a witness who appears from this state in a criminal
proceeding in another state, the amount specified in Section 722 of
Title 22 of the Oklahoma Statutes;
3. For a witness who appears from this state pursuant to an
order, subpoena, or other lawful means for compelling the appearance
of the witness, Ten Dollars ($10.00) for each day of attendance,
plus reimbursement as prescribed by law for travel expenses at rates
not to exceed those prescribed by law for reimbursement for state
employees.
B. In computing mileage allowances for witnesses, parts of a
mile shall be rounded to the nearest whole number of miles. Where
the total mileage actually and necessarily traveled is less than one
and one-half miles, no mileage shall be allowed.
C. No witness shall receive per diem or mileage in more than
one case covering the same period of time, or the same travel, and
each witness shall be required to make oath that the fees claimed
have not been claimed or received in any other case, and no juror
while serving as a juror or party to a civil action shall receive
compensation as a witness.
D. The fees and expenses allowed by this section shall be paid
as follows:
Oklahoma Statutes - Title 28. Fees Page 14
1. In civil cases, the fees for one day's attendance shall be
paid pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes
and fees for subsequent attendance shall be paid on the day before
each additional day of attendance unless the witness agrees to
another time for payment;
2. In criminal cases, the witness shall be paid at the
conclusion of each day of attendance unless the witness agrees to
another time for payment; or
3. In all other cases, the witness shall be paid at the
conclusion of attendance unless the witness agrees to another time
for payment.
E. Any error in computing the number of miles allowable shall
not be sufficient grounds for failure to obey the order, subpoena,
or other lawful compulsion if a per diem has been tendered to the
witness.
F. A person who is compelled to appear as a witness pursuant to
subsection A of this section to give factual testimony in any civil
proceeding other than one in which the state is a party, but therein
qualifies and testifies as an expert witness, shall receive a
reasonable expert witness fee from the party seeking the expert
testimony in addition to the fees required pursuant to subsections A
and B of this section.
compelled by order, subpoena, or other lawful compulsion to appear
as a witness, whether or not testimony or other evidence is actually
adduced, the witness shall receive the following:
1. For a witness who appears from another state or foreign
country in a criminal proceeding in this state, the amount specified
in Section 718 of Title 22 of the Oklahoma Statutes;
2. For a witness who appears from this state in a criminal
proceeding in another state, the amount specified in Section 722 of
Title 22 of the Oklahoma Statutes;
3. For a witness who appears from this state pursuant to an
order, subpoena, or other lawful means for compelling the appearance
of the witness, Ten Dollars ($10.00) for each day of attendance,
plus reimbursement as prescribed by law for travel expenses at rates
not to exceed those prescribed by law for reimbursement for state
employees.
B. In computing mileage allowances for witnesses, parts of a
mile shall be rounded to the nearest whole number of miles. Where
the total mileage actually and necessarily traveled is less than one
and one-half miles, no mileage shall be allowed.
C. No witness shall receive per diem or mileage in more than
one case covering the same period of time, or the same travel, and
each witness shall be required to make oath that the fees claimed
have not been claimed or received in any other case, and no juror
while serving as a juror or party to a civil action shall receive
compensation as a witness.
D. The fees and expenses allowed by this section shall be paid
as follows:
Oklahoma Statutes - Title 28. Fees Page 14
1. In civil cases, the fees for one day's attendance shall be
paid pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes
and fees for subsequent attendance shall be paid on the day before
each additional day of attendance unless the witness agrees to
another time for payment;
2. In criminal cases, the witness shall be paid at the
conclusion of each day of attendance unless the witness agrees to
another time for payment; or
3. In all other cases, the witness shall be paid at the
conclusion of attendance unless the witness agrees to another time
for payment.
E. Any error in computing the number of miles allowable shall
not be sufficient grounds for failure to obey the order, subpoena,
or other lawful compulsion if a per diem has been tendered to the
witness.
F. A person who is compelled to appear as a witness pursuant to
subsection A of this section to give factual testimony in any civil
proceeding other than one in which the state is a party, but therein
qualifies and testifies as an expert witness, shall receive a
reasonable expert witness fee from the party seeking the expert
testimony in addition to the fees required pursuant to subsections A
and B of this section.
Status: in_force · Read it on the official government site
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