§ 8903 — Witnesses

(a) The fees of witnesses, for the services specified, shall be as listed below:

For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county governing body, or before a Commissioner, Register in Chancery, or prothonotary, executing a commission or rule for taking depositions, or before either House of the General Assembly, or a committee appointed by either House, each day $2.00, and 3 cents per mile going and returning.

Attendance before a justice of the peace, or before 2 justices, in all cases except as before provided for, 50 cents, and 2 cents per mile going and returning.

A person who has been committed in default of a recognizance to appear as a witness in a criminal case, shall, for the time the person is detained, receive such compensation as the court allows.

(b) The State Treasurer or Department of Finance shall, upon the production of a certificate of attendance under the hand of the prothonotary, pay the fees of witnesses on behalf of the State, or on behalf of a person tried and acquitted, upon a criminal charge in the Superior Court of his or her county.

(c) The prothonotary shall pay to the State Treasurer all fees of witnesses collected under this section as costs to reimburse the State Treasurer for such fees as have been paid in advance to such witnesses by the State Treasurer after the effective date of this subsection.

(d) No government employee shall be entitled to witness fees or mileage if that employee is serving in an official capacity.

Legislative History

Code 1852, §§ 2808-2810; 12 Del. Laws, c. 536 ; 26 Del. Laws, c. 70, § 2 ; Code 1915, § 4867; 30 Del. Laws, c. 244 ; Code 1935, § 5362; 46 Del. Laws, c. 78, § 1 ; 10 Del. C. 1953, § 8903; 50 Del. Laws, c. 385, § 3 ; 55 Del. Laws, c. 85, §§ 32V, 32W ; 57 Del. Laws, c. 452, §§ 1, 2 ; 65 Del. Laws, c. 87, § 41 ; 70 Del. Laws, c. 186, § 1