§ 16-43-209 — Criminal proceedings - Additional witnesses

(a) Should either party desire additional witnesses at the expense of the county, he may file, in term time or in vacation of the court, his verified application for the additional witnesses with the judge of the court. (b) The application shall contain a statement of the facts which the party expects to prove by each one of the additional witnesses sought and an affidavit that such facts cannot be adequately established by the witnesses for whom the party has had subpoenas issued. If any such affidavit is willfully false, the party making it may be punished as for contempt of court. If the judge finds the application should be granted, he shall direct the clerk to issue subpoenas for the additional witnesses he finds the party should have. (c) After the trial of the case or after the witnesses have testified, and not before, the judge shall file the application with the clerk of the court, and it shall become a part of the record in the case. In no event shall the judge disclose the contents of the application until the case has been tried or the witnesses have testified. (d) While the trial is actually in progress, the court in its discretion may direct the clerk to issue additional subpoenas at the expense of the county without affidavits required by this subchapter. (e) In any event, either party may have additional witnesses who receive no compensation from the county for their services.

Legislative History

Init. Meas. 1936, No. 3, § 35, Acts 1937, p. 1384; Pope's Dig., § 3940; A.S.A. 1947, § 43-2002.