Nevada § 50.225 - Fees and expenses of witnesses

§ 50.225. Fees and expenses of witnesses

1. For attending the courts of this State in any criminal case, civil suit, hearing

to contest the determination that a person has committed a civil infraction or proceeding

before a court of record, master, commissioner, justice of the peace, or before the

grand jury, in obedience to a subpoena, each witness is entitled: (a) To be paid a fee of $25 for each day's attendance, including Sundays and holidays. (b) Except as otherwise provided in this paragraph, to be paid for attending a court

of the county in which the witness resides at the standard mileage reimbursement rate

for which a deduction is allowed for the purposes of federal income tax for each mile

necessarily and actually traveled from and returning to the place of residence by

the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend

a court of the county in which the witness resides, each witness is entitled to be

paid an amount equal to the allowance for travel by private conveyance established

by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing

or proceeding held in that county who is entitled to receive the payment for mileage

specified in this paragraph must be paid mileage in an amount equal to the allowance

for travel by private conveyance established by the State Board of Examiners for state

officers and employees generally. 2. In addition to the fee and payment for mileage specified in subsection 1, a board

of county commissioners may provide that, for each day of attendance in a court of

the county in which the witness resides, each witness is entitled to be paid the per

diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing

or proceeding held in that county who is a resident of that county and who is entitled

to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition

to that fee, the per diem allowance provided for state officers and employees generally. 3. If a witness is from without the county or, being a resident of another state,

voluntarily appears as a witness at the request of the Attorney General or the district

attorney and the board of county commissioners of the county in which the court is

held, the witness is entitled to reimbursement for the actual and necessary expenses

for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for

state officers and employees generally. 4. Any person in attendance at a trial or hearing to contest the determination that

a person has committed a civil infraction who is sworn as a witness is entitled to

the fees, the per diem allowance, if any, travel expenses and any other reimbursement

set forth in this section, irrespective of the service of a subpoena. 5. Witness fees, per diem allowances, travel expenses and other reimbursement in civil

cases, including, without limitation, a hearing to contest the determination that

a person has committed a civil infraction, must be taxed as disbursement costs against

the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series

of facts, and a party plaintiff or defendant must not be allowed any fees, per diem

allowance, travel expenses or other reimbursement for attendance as a witness in his

or her own behalf. Witness fees, per diem allowances, travel expenses and other reimbursement must

not be taxed against a county or incorporated city after a hearing to contest the

determination that a person has committed a civil infraction unless the court determines,

after a hearing, that the civil infraction citation was issued maliciously and without

probable cause. 6. A person is not obligated to appear in a civil action, hearing to contest the determination

that a person has committed a civil infraction or other proceeding unless the person

has been paid an amount equal to 1 day's fees, the per diem allowance provided by

the board of county commissioners pursuant to subsection 2, if any, and the travel

expenses reimbursable pursuant to this section.