It shall not be legal in any civil suit for the clerk of any district court to tax in favor of the prevailing party the costs of more than four witnesses, unless the court shall certify upon the record that the attendance of more than four witnesses was necessary in the case.
History: Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 16; C.L. 1884, § 2209; C.L. 1897, § 3155; Code 1915, § 4286; C.S. 1929, § 105-1305; 1941 Comp., § 29-109; 1953 Comp., § 25-1-9.
Stating grounds for denial of witness fees not required. — Trial court is not required to state grounds for denying motion for certificate allowing fees and expenses of more than four witnesses. Frank A. Hubbell Co. v. Curtis, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 49.
20 C.J.S. Costs § 107 et seq.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
Section 39-2-2 - Deficiencies; attorney fees.
Section 39-2-2.1 - Collection of open accounts; attorney fees.
Section 39-2-3 - [Unnecessary splitting of actions.]
Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.]
Section 39-2-6 - [When judgment appealed from was for appellant.]
Section 39-2-7 - [Depositions to perpetuate testimony; taxing costs.]
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]
Section 39-2-9 - [Witness fees taxed as costs; limitation.]
Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.]
Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]
Section 39-2-12 - [Transcript of cost book has effect of execution.]