12-4411.   Subpoenas; witnesses' expenses; abuse ofsubpoenas, costs. All parties shall be entitled to the use of subpoenas to compelattendance of witnesses within the state. The municipal judge or clerkshall issue a subpoena which may be served by any law enforcement officerupon the named person. Disobedience may constitute contempt.

      Fees and mileage of witnesses shall be two dollars and fifty cents($2.50) per day or any part thereof for an appearance of [and] ten cents(10[)per mile actually driven over ten (10) miles. The fees and mileage for theattendance of witnesses shall be borne by the party calling the witness,except that if an accused person is found not guilty, the city shall payall such expenses: Provided, The municipal judge may direct thatfeesand mileage of witnesses subpoenaed by the accused person be chargedagainst such person, if the judge finds that there has been an abuse of theuse of subpoenas by the accused person.

      History:   L. 1973, ch. 61, § 12-4411; April 1, 1974.