State Codes and Statutes
Statutes > Idaho > Title19 > T19ch39 > T19ch39sect19-3945CRIMINAL PROCEDURE
CHAPTER 39
PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT
19-3945. Jurors and witnesses -- Fees and mileage -- Application for subpoenas. Witnesses before examining magistrates and in criminal cases in the probate and justice courts, and jurors and witnesses in a coroner’s inquest, are entitled to four dollars ($4.00) per day for each day actually engaged in the trial of a case, and twenty-five cents (25¢) per mile, one way, which must be paid out of the county treasury; provided, however, that when the state or the defendant requires the attendance of more than three (3) witnesses in its or his behalf, before such witnesses shall be subpoenaed at the county expense, or their fees and mileages be a charge against the county, the county attorney or defendant must make affidavit setting forth that they are witnesses whose evidence is material for the state or the defense, and the facts showing such materiality, and that it or he can not safely go to trial without them. In such case or cases, the court or judge thereof, at the time the application is made therefor, shall order a subpoena to issue to such of said witnesses as the court or judge thereof may deem material for the state or defendant, and the costs incurred by the process, and the fees and mileage of such witnesses, shall be paid in the same manner that the costs and fees of other witnesses are paid.
