19-3945. JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS. Witnesses before a special inquiry judge and in criminal cases in the magistrate division of district court, and witnesses in a coroner’s inquest, are entitled to the same fees and mileage as provided in section 19-3008, Idaho Code, for witnesses in criminal proceedings in the district court, 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 cannot 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. Jurors in a coroner’s inquest are entitled to the mileage and per diem payments as provided for jurors in section 2-215, Idaho Code.
History:
[(19-3945) 1905, p. 173, sec. 1; reen. R.C. & C.L., sec. 8338; C.S., sec. 9271; I.C.A., sec. 19-4045; am. 1939, ch. 20, sec. 1, p. 51; am. 1961, ch. 6, sec. 1, p. 8; am. 2012, ch. 18, sec. 1, p. 37.]
Structure Idaho Code
Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT
Section 19-3901 - COMPLAINT OR CITATION.
Section 19-3901A - FAILURE TO OBEY CITATION FOR MISDEMEANOR.
Section 19-3902 - CORRECTION OF DEFECTIVE COMPLAINT.
Section 19-3903 - ISSUANCE AND FORM OF WARRANT.
Section 19-3904 - DOCKET AND MINUTES.
Section 19-3905 - PLEA — EXAMINATION ON PLEA OF GUILTY.
Section 19-3906 - PROCEEDINGS AFTER PLEA.
Section 19-3909 - POSTPONEMENT OF TRIAL.
Section 19-3910 - PRESENCE OF DEFENDANT.
Section 19-3911 - WAIVER OF TRIAL BY JURY.
Section 19-3912 - CHALLENGE TO JURORS.
Section 19-3913 - OATH OF JURORS.
Section 19-3914 - CONDUCT OF JURY.
Section 19-3915 - COURT TO DECIDE QUESTIONS OF LAW.
Section 19-3916 - RETIREMENT OF JURY.
Section 19-3918 - VERDICT AGAINST JOINT DEFENDANTS.
Section 19-3919 - DISCHARGE OF JURY.
Section 19-3920 - RETRIAL OF DEFENDANT.
Section 19-3921 - PROCEEDINGS ON PLEA OF GUILTY.
Section 19-3922 - PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID.
Section 19-3923 - ACQUITTAL — COSTS OF MALICIOUS PROSECUTION.
Section 19-3924 - MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR.
Section 19-3925 - TIME FOR JUDGMENT.
Section 19-3926 - MOTIONS PRIOR TO JUDGMENT.
Section 19-3927 - GROUNDS FOR NEW TRIAL.
Section 19-3928 - GROUNDS FOR ARREST OF JUDGMENT.
Section 19-3929 - PRONOUNCEMENT AND ENTRY OF JUDGMENT.
Section 19-3930 - DISCHARGE OF DEFENDANT.
Section 19-3931 - WARRANT FOR EXECUTION OF JUDGMENT.
Section 19-3932 - IMPRISONMENT PENDING PAYMENT OF FINE.
Section 19-3933 - DISCHARGE UPON PAYMENT OF FINE.
Section 19-3934 - ADMITTANCE TO BAIL.
Section 19-3935 - SUBPOENAS FOR WITNESSES.
Section 19-3936 - ENTITLING AFFIDAVITS.
Section 19-3945 - JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS.
Section 19-3946 - AFFIDAVIT AS TO MILES TRAVELED.
Section 19-3947 - COUNTY MISDEMEANOR PROBATION OFFICE SERVICES.