SUBPOENA RULES AND LAWS RELATED TO WITNESS FEES

Subpoena

N.Y. CPL. LAW § 610.50: NY Code – Section 610.50: Securing attendance of witness by subpoena; fees

1. A witness subpoenaed by the people in a criminal action is entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court or the clerk thereof, stating the number of days the witness actually attended and the number of miles traveled by him to attend. In any such action, the court may, by order, direct the county treasurer to pay such witness a further reasonable sum for expenses, to be specified in the order. Upon producing the order or a certified copy thereof, the county treasurer must pay the witness the sum specified therein out of the county treasury. Such certificates shall only be issued by the court or the clerk thereof upon the production of the witness’s affidavit, stating that he attended as such either on subpoena or request of the district attorney, the number of miles necessarily traveled, and the duration of attendance. An officer in any state department who attends as a witness under this section in his official capacity, or in consequence of any official action taken by him, and who receives a fixed sum instead of expenses, or who is entitled to receive the actual expenses incurred by him in the discharge of his official duties, is not entitled to the compensation herein provided. 2. A witness subpoenaed by the defendant in a criminal action is not entitled to of right to witness and mileage fees. Still, the court may, in its discretion, by order, direct the county treasurer to pay to such a witness a reasonable sum for expenses to be specified in the order. Upon producing the order or a certified copy thereof, the county treasurer must pay the witness the sum specified therein out of the county treasury.

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