§ 23-2-414 — Witness and mileage fees

(a) Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of record. (b) Witnesses whose depositions are taken pursuant to the provisions of this act and the officer taking the deposition shall be entitled to the same fees as are paid for like services in such courts. (c) Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees and mileage of all his or her witnesses. (d) The mileage and attendance fees shall be paid by the warrant of the Auditor of State, upon the presentation of the proper vouchers sworn to by the witness and approved by the chair of the commission. (e) (1) No witness shall be entitled to any witness fees or mileage if that witness: (A) Is directly or indirectly interested in any railroad in this state or outside this state; (B) Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or (C) Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad. (2) No witness furnished with free transportation shall receive pay for the distance he or she may have traveled on free transportation.

Legislative History

Acts 1899, No. 53, § 29, p. 82; C. & M. Dig., § 1688; Acts 1935, No. 324, § 23; Pope's Dig., §§ 1992, 2086; A.S.A. 1947, §§ 73-131, 73-222.