§ 7A‑314. Uniform feesfor witnesses; experts; limit on number.
(a) A witness undersubpoena, bound over, or recognized, other than a salaried State, county, ormunicipal law‑enforcement officer, or an out‑of‑state witnessin a criminal case, whether to testify before the court, Judicial StandardsCommission, jury of view, magistrate, clerk, referee, commissioner, appraiser,or arbitrator shall be entitled to receive five dollars ($5.00) per day, orfraction thereof, during his attendance, which, except as to witnesses beforethe Judicial Standards Commission, must be certified to the clerk of superiorcourt.
(b) A witness entitledto the fee set forth in subsection (a) of this section, and a law‑enforcementofficer who qualifies as a witness, shall be entitled to receive reimbursementfor travel expenses as follows:
(1) A witness whoseresidence is outside the county of appearance but within 75 miles of the placeof appearance shall be entitled to receive mileage reimbursement at the ratecurrently authorized for State employees, for each mile necessarily traveledfrom his place of resident to the place of appearance and return, each day.
(2) A witness whoseresidence is outside the county of appearance and more than 75 miles from theplace of appearance shall be entitled to receive mileage reimbursement at therate currently authorized State employees for one round‑trip from hisplace of residence to the place of appearance. A witness required to appearmore than one day shall be entitled to receive reimbursement for actualexpenses incurred for lodging and meals not to exceed the maximum currentlyauthorized for State employees, in lieu of daily mileage.
(c) A witness whoresides in a state other than North Carolina and who appears for the purpose oftestifying in a criminal action and proves his attendance may be compensated atthe rate allowed to State officers and employees by subdivisions (1) and (2) ofG.S. 138‑6(a) for one round‑trip from his place of residence to theplace of appearance, and five dollars ($5.00) for each day that he is requiredto travel and attend as a witness, upon order of the court based upon a findingthat the person was a necessary witness. If such a witness is required toappear more than one day, he is also entitled to reimbursement for actualexpenses incurred for lodging and meals, not to exceed the maximum currentlyauthorized for State employees.
(d) An expert witness,other than a salaried State, county, or municipal law‑enforcementofficer, shall receive such compensation and allowances as the court, or theJudicial Standards Commission, in its discretion, may authorize. A law‑enforcementofficer who appears as an expert witness shall receive reimbursement for travelexpenses only, as provided in subsection (b) of this section. Compensation ofexperts provided under G.S. 7A‑454 shall be in accordance with rulesestablished by the Office of Indigent Defense Services.
(e) If more than twowitnesses are subpoenaed, bound over, or recognized, to prove a single materialfact, the expense of the additional witnesses shall be borne by the partyissuing or requesting the subpoena.
(f) In any case inwhich the Judicial Department is bearing the costs of representation for aparty and that party or a witness for that party does not speak or understandthe English language, and the court appoints a foreign language interpreter toassist that party or witness, the reasonable fee for the interpreter's servicesis payable from funds appropriated to the Administrative Office of the Courts. Inorder to facilitate the disposition of criminal or Chapter 50B cases, the courtmay authorize the use of a court interpreter, paid from funds appropriated tothe Administrative Office of the Courts, in cases in which an interpreter isnecessary to assist the court in the efficient transaction of business. Theappointment and payment shall be made in accordance with G.S. 7A‑343(9c).(1965, c. 310,s. 1; 1969, c. 1190, s. 34; 1971, c. 377, s. 27; 1973, c. 503, ss. 21, 22;1983, c. 713, s. 20; 1998‑212, s. 16.25(a); 2000‑144, s. 3; 2006‑187,s. 5(a); 2007‑323, s. 14.23.)
§ 7A‑314. Uniform feesfor witnesses; experts; limit on number.
(a) A witness undersubpoena, bound over, or recognized, other than a salaried State, county, ormunicipal law‑enforcement officer, or an out‑of‑state witnessin a criminal case, whether to testify before the court, Judicial StandardsCommission, jury of view, magistrate, clerk, referee, commissioner, appraiser,or arbitrator shall be entitled to receive five dollars ($5.00) per day, orfraction thereof, during his attendance, which, except as to witnesses beforethe Judicial Standards Commission, must be certified to the clerk of superiorcourt.
(b) A witness entitledto the fee set forth in subsection (a) of this section, and a law‑enforcementofficer who qualifies as a witness, shall be entitled to receive reimbursementfor travel expenses as follows:
(1) A witness whoseresidence is outside the county of appearance but within 75 miles of the placeof appearance shall be entitled to receive mileage reimbursement at the ratecurrently authorized for State employees, for each mile necessarily traveledfrom his place of resident to the place of appearance and return, each day.
(2) A witness whoseresidence is outside the county of appearance and more than 75 miles from theplace of appearance shall be entitled to receive mileage reimbursement at therate currently authorized State employees for one round‑trip from hisplace of residence to the place of appearance. A witness required to appearmore than one day shall be entitled to receive reimbursement for actualexpenses incurred for lodging and meals not to exceed the maximum currentlyauthorized for State employees, in lieu of daily mileage.
(c) A witness whoresides in a state other than North Carolina and who appears for the purpose oftestifying in a criminal action and proves his attendance may be compensated atthe rate allowed to State officers and employees by subdivisions (1) and (2) ofG.S. 138‑6(a) for one round‑trip from his place of residence to theplace of appearance, and five dollars ($5.00) for each day that he is requiredto travel and attend as a witness, upon order of the court based upon a findingthat the person was a necessary witness. If such a witness is required toappear more than one day, he is also entitled to reimbursement for actualexpenses incurred for lodging and meals, not to exceed the maximum currentlyauthorized for State employees.
(d) An expert witness,other than a salaried State, county, or municipal law‑enforcementofficer, shall receive such compensation and allowances as the court, or theJudicial Standards Commission, in its discretion, may authorize. A law‑enforcementofficer who appears as an expert witness shall receive reimbursement for travelexpenses only, as provided in subsection (b) of this section. Compensation ofexperts provided under G.S. 7A‑454 shall be in accordance with rulesestablished by the Office of Indigent Defense Services.
(e) If more than twowitnesses are subpoenaed, bound over, or recognized, to prove a single materialfact, the expense of the additional witnesses shall be borne by the partyissuing or requesting the subpoena.
(f) In any case inwhich the Judicial Department is bearing the costs of representation for aparty and that party or a witness for that party does not speak or understandthe English language, and the court appoints a foreign language interpreter toassist that party or witness, the reasonable fee for the interpreter's servicesis payable from funds appropriated to the Administrative Office of the Courts. Inorder to facilitate the disposition of criminal or Chapter 50B cases, the courtmay authorize the use of a court interpreter, paid from funds appropriated tothe Administrative Office of the Courts, in cases in which an interpreter isnecessary to assist the court in the efficient transaction of business. Theappointment and payment shall be made in accordance with G.S. 7A‑343(9c).(1965, c. 310,s. 1; 1969, c. 1190, s. 34; 1971, c. 377, s. 27; 1973, c. 503, ss. 21, 22;1983, c. 713, s. 20; 1998‑212, s. 16.25(a); 2000‑144, s. 3; 2006‑187,s. 5(a); 2007‑323, s. 14.23.)
§ 7A‑314. Uniform feesfor witnesses; experts; limit on number.
(a) A witness undersubpoena, bound over, or recognized, other than a salaried State, county, ormunicipal law‑enforcement officer, or an out‑of‑state witnessin a criminal case, whether to testify before the court, Judicial StandardsCommission, jury of view, magistrate, clerk, referee, commissioner, appraiser,or arbitrator shall be entitled to receive five dollars ($5.00) per day, orfraction thereof, during his attendance, which, except as to witnesses beforethe Judicial Standards Commission, must be certified to the clerk of superiorcourt.
(b) A witness entitledto the fee set forth in subsection (a) of this section, and a law‑enforcementofficer who qualifies as a witness, shall be entitled to receive reimbursementfor travel expenses as follows:
(1) A witness whoseresidence is outside the county of appearance but within 75 miles of the placeof appearance shall be entitled to receive mileage reimbursement at the ratecurrently authorized for State employees, for each mile necessarily traveledfrom his place of resident to the place of appearance and return, each day.
(2) A witness whoseresidence is outside the county of appearance and more than 75 miles from theplace of appearance shall be entitled to receive mileage reimbursement at therate currently authorized State employees for one round‑trip from hisplace of residence to the place of appearance. A witness required to appearmore than one day shall be entitled to receive reimbursement for actualexpenses incurred for lodging and meals not to exceed the maximum currentlyauthorized for State employees, in lieu of daily mileage.
(c) A witness whoresides in a state other than North Carolina and who appears for the purpose oftestifying in a criminal action and proves his attendance may be compensated atthe rate allowed to State officers and employees by subdivisions (1) and (2) ofG.S. 138‑6(a) for one round‑trip from his place of residence to theplace of appearance, and five dollars ($5.00) for each day that he is requiredto travel and attend as a witness, upon order of the court based upon a findingthat the person was a necessary witness. If such a witness is required toappear more than one day, he is also entitled to reimbursement for actualexpenses incurred for lodging and meals, not to exceed the maximum currentlyauthorized for State employees.
(d) An expert witness,other than a salaried State, county, or municipal law‑enforcementofficer, shall receive such compensation and allowances as the court, or theJudicial Standards Commission, in its discretion, may authorize. A law‑enforcementofficer who appears as an expert witness shall receive reimbursement for travelexpenses only, as provided in subsection (b) of this section. Compensation ofexperts provided under G.S. 7A‑454 shall be in accordance with rulesestablished by the Office of Indigent Defense Services.
(e) If more than twowitnesses are subpoenaed, bound over, or recognized, to prove a single materialfact, the expense of the additional witnesses shall be borne by the partyissuing or requesting the subpoena.
(f) In any case inwhich the Judicial Department is bearing the costs of representation for aparty and that party or a witness for that party does not speak or understandthe English language, and the court appoints a foreign language interpreter toassist that party or witness, the reasonable fee for the interpreter's servicesis payable from funds appropriated to the Administrative Office of the Courts. Inorder to facilitate the disposition of criminal or Chapter 50B cases, the courtmay authorize the use of a court interpreter, paid from funds appropriated tothe Administrative Office of the Courts, in cases in which an interpreter isnecessary to assist the court in the efficient transaction of business. Theappointment and payment shall be made in accordance with G.S. 7A‑343(9c).(1965, c. 310,s. 1; 1969, c. 1190, s. 34; 1971, c. 377, s. 27; 1973, c. 503, ss. 21, 22;1983, c. 713, s. 20; 1998‑212, s. 16.25(a); 2000‑144, s. 3; 2006‑187,s. 5(a); 2007‑323, s. 14.23.)
