1. For attending the courts of this State in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:
(a) To be paid a fee of $25 for each day’s attendance, including Sundays and holidays.
(b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.
2. In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which the witness resides, each witness is entitled to be paid the per diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition to that fee, the per diem allowance provided for state officers and employees generally.
3. If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for state officers and employees generally.
4. Any person in attendance at a trial who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.
5. Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf.
6. A person is not obligated to appear in a civil action or proceeding unless the person has been paid an amount equal to 1 day’s fees, the per diem allowance provided by the board of county commissioners pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.
(Added to NRS by 1971, 792; A 1975, 1422; 1977, 776; 1981, 367; 1987, 549; 1993, 920; 1995, 105; 2007, 582, 597)
1. For attending the courts of this State in any criminal case, civil suit, hearing to contest the determination that a person has committed a civil infraction or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:
(a) To be paid a fee of $25 for each day’s attendance, including Sundays and holidays.
(b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.
2. In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which the witness resides, each witness is entitled to be paid the per diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition to that fee, the per diem allowance provided for state officers and employees generally.
3. If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for state officers and employees generally.
4. Any person in attendance at a trial or hearing to contest the determination that a person has committed a civil infraction who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.
5. Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases, including, without limitation, a hearing to contest the determination that a person has committed a civil infraction, must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf. Witness fees, per diem allowances, travel expenses and other reimbursement must not be taxed against a county or incorporated city after a hearing to contest the determination that a person has committed a civil infraction unless the court determines, after a hearing, that the civil infraction citation was issued maliciously and without probable cause.
6. A person is not obligated to appear in a civil action, hearing to contest the determination that a person has committed a civil infraction or other proceeding unless the person has been paid an amount equal to 1 day’s fees, the per diem allowance provided by the board of county commissioners pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.
(Added to NRS by 1971, 792; A 1975, 1422; 1977, 776; 1981, 367; 1987, 549; 1993, 920; 1995, 105; 2007, 582, 597; 2021, 3351, effective January 1, 2023)
Structure Nevada Revised Statutes
NRS 50.015 - General rule of competency.
NRS 50.025 - Lack of personal knowledge.
NRS 50.035 - Oath or affirmation.
NRS 50.053 - Interpreters for person with communications disability: Oath; rights and privileges.
NRS 50.055 - Competency: Judge as witness.
NRS 50.065 - Competency: Juror as witness.
NRS 50.067 - Competency: Receipt of certain care or counseling.
NRS 50.085 - Evidence of character and conduct of witness.
NRS 50.095 - Impeachment by evidence of conviction of crime.
NRS 50.105 - Religious beliefs or opinions.
NRS 50.115 - Mode and order of interrogation and presentation.
NRS 50.125 - Writing used to refresh memory.
NRS 50.135 - Prior statements of witness.
NRS 50.145 - Calling and interrogation of witness by judge.
NRS 50.155 - Exclusion and sequestration of witnesses.
NRS 50.165 - Duty to appear and testify.
NRS 50.185 - Arrest of protected witness void; liability of arresting officer; affidavit of witness.
NRS 50.195 - Penalties for disobedience.
NRS 50.215 - Examination of prisoner as witness; notification of Department of Corrections required.
NRS 50.245 - Cases from municipal court brought before district court.
NRS 50.255 - Attorney not allowed fee as witness.
NRS 50.260 - "Prohibited substance" defined.
NRS 50.265 - Opinions: Lay witnesses.
NRS 50.275 - Testimony by experts.
NRS 50.285 - Opinions: Experts.
NRS 50.295 - Opinions: Ultimate issues.
NRS 50.305 - Disclosure of facts and data underlying expert opinion.
NRS 50.520 - "Alternative method" defined.
NRS 50.530 - "Child witness" defined.
NRS 50.540 - "Criminal proceeding" defined.
NRS 50.550 - "Noncriminal proceeding" defined.
NRS 50.570 - Hearing to determine whether to allow testimony by alternative method.
NRS 50.580 - Standards for determining whether child witness may testify by alternative method.
NRS 50.590 - Factors for determining whether to permit alternative method.
NRS 50.600 - Order regarding testimony by alternative method.
NRS 50.610 - Right of party to examine child witness.