§607-12 - Witnesses' fees, mileage; taxation.
§607-12 Witnesses' fees, mileage; taxation.
The fees of witnesses shall be as follows: Every witness attending and
testifying, or subpoenaed and attending, upon the trial of any civil cause, in
any court, shall be paid the sum of $4 for each day's attendance in court, and
traveling expenses at the rate of 20 cents a mile each way. Every such
witness, coming to attend upon court from any island other than that upon which
the court is holding session, shall be entitled to $6 for each day's attendance
in addition to the actual round trip cost of plane or ship travel and 20 cents
for each mile actually and necessarily traveled on the ground each way.
The fees of witnesses may be taxed in the bill
of costs as provided by section 607-9. [CC 1859, pt of §1280; am L 1884, c 30,
§1; am imp L 1903, c 63, §1; am L 1919, c 5, §1; RL 1925, §2549; am L 1925, c
24, §1; RL 1935, §3798; RL 1945, §9752; RL 1955, §219-12; HRS §607-12; am L
1972, c 88, §5(o)]
Case Notes
Subpoenaed but not called. 31 H. 147, 177. Called by
opposing party. 30 H. 100. Expert witnesses. 21 H. 408. Necessity for
subpoena under former statute. 21 H. 408, 422; cf. 20 H. 203 (unauthorized
service of subpoena); of witnesses summoned before trial. 10 H. 398 (both
decided under former statute), questioned on other grounds. 14 H. 301, 302.
As to disallowance of witness fee. 7 H. 1. Cost of bringing
witnesses cannot be taxed against the other party when it is not authorized. 9
H. 597.
Expert witness fees not taxable as costs. 51 H. 346, 461
P.2d 140.
This section does not direct payment of out of state
traveling expenses to a witness from a foreign state testifying in a civil
case. 57 H. 378, 557 P.2d 788.
Out-of-state witnesses. 59 H. 319, 582 P.2d 710.
Subpoenaed witness who did not testify must have been in
actual attendance at trial to be entitled to fees. 59 H. 319, 582 P.2d 710.
Expert witness fees are not taxable as costs, absent a
statute specifically allowing such an expense. 69 H. 192, 738 P.2d 85.