HF 3562

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to witnesses; providing who shall be 
  1.3             responsible for the budget for witness fees; amending 
  1.4             Minnesota Statutes 1996, sections 357.22; and 357.24. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 357.22, is 
  1.7   amended to read: 
  1.8      357.22 [WITNESSES.] 
  1.9      The fees to be paid to witnesses shall be as follows: 
  1.10     (1) For attending in any action or proceeding in any court 
  1.11  or before any officer, person, or board authorized to take the 
  1.12  examination of witnesses, $20 for each day; 
  1.13     (2) For travel to and from the place of attendance, to be 
  1.14  estimated from the witness's residence, if within the state, or 
  1.15  from the boundary line of the state where the witness crossed 
  1.16  it, if without the state, 28 cents per mile. 
  1.17     No person is obliged to attend as a witness in any civil 
  1.18  case unless one day's attendance and travel fees are paid or 
  1.19  tendered the witness in advance. 
  1.20     Witnesses for the state in any state court action shall be 
  1.21  paid from the budget of the prosecuting authority requesting the 
  1.22  witness.  Witnesses attending on behalf of any defendant 
  1.23  represented by a public defender or an attorney performing 
  1.24  public defense work for a public defense corporation under 
  1.25  section 611.216 shall be paid from the budget of the public 
  2.1   defender or attorney. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 357.24, is 
  2.3   amended to read: 
  2.4      357.24 [CRIMINAL CASES.] 
  2.5      Witnesses for the state in criminal cases and witnesses 
  2.6   attending on behalf of any defendant represented by a public 
  2.7   defender or an attorney performing public defense work for a 
  2.8   public defense corporation under section 611.216, shall receive 
  2.9   the same fees for travel and attendance as provided in section 
  2.10  357.22.  Judges also may allow like fees to witnesses attending 
  2.11  in behalf of any other defendant.  In addition these witnesses 
  2.12  shall receive reasonable expenses actually incurred for meals, 
  2.13  loss of wages and child care, not to exceed $60 per day.  When a 
  2.14  defendant is represented by a public defender or an attorney 
  2.15  performing public defense work for a public defense corporation 
  2.16  under section 611.216, neither the defendant nor the public 
  2.17  defender shall be charged for any subpoena fees or for service 
  2.18  of subpoenas by a public official.  The compensation and 
  2.19  reimbursement shall be paid out of the county treasury.  The 
  2.20  compensation and expenses for witnesses for the state shall be 
  2.21  paid from the budget of the prosecuting authority.  The 
  2.22  compensation and expenses for witnesses attending on behalf of 
  2.23  any defendant represented by a public defender or an attorney 
  2.24  performing public defense work for a public defense corporation 
  2.25  shall be paid from the budget of the public defender or the 
  2.26  attorney.