Oklahoma § 28-81 - Witness fees

§ 28-81. Witness fees

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

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.

R.L.1910, § 3231. Amended by Laws 1967, c. 122, § 8, emerg. eff.

April 27, 1967; Laws 1977, c. 253, § 1, eff. Oct. 1, 1978; Laws

1989, c. 70, § 1, eff. Nov. 1, 1989; Laws 1994, c. 229, § 6, eff.

Sept. 1, 1994; Laws 2002, c. 460, § 25, eff. Nov. 1, 2002; Laws

2008, c. 175, § 1, eff. Nov. 1, 2008.