Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Depositions and Witnesses
Section 5903 - Compensation and expenses of witnesses


(a) Scope.--The provisions of this section apply to a witness served with a subpoena to testify before any government unit (except the minor judiciary) or before the Philadelphia Municipal Court, but do not affect:
(1) The right of a witness who gives expert testimony to receive additional per diem compensation therefor.
(2) The compensation of a witness from another jurisdiction who appears to testify in a criminal proceeding in this Commonwealth by virtue of process issued under the authority of such other jurisdiction.
(b) Compensation.--Every witness, except a salaried police officer attending a coroner's inquest during working hours, shall be paid at the rate of $5 per day during the necessary period of attendance. A witness under the act of March 30, 1937 (P.L.115, No.40), known as "The First Class City Permanent Registration Act" shall be paid at the rate of $20 per day.
(c) Travel.--Every witness, except a salaried police officer attending a coroner's inquest during working hours, shall be paid mileage at the rate of 7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness.
(d) Lodging and subsistence.--When a matter is prolonged from one day to the next a witness necessarily present on both days who resides more than 50 miles by the usually-travelled route from the place named in the subpoena and who remains there overnight shall be paid commutation of lodging and subsistence for each such night in an additional amount equal to the per diem witness fee.
(e) Adjournments and postponements.--When a matter is adjourned, continued or postponed for more than one day, or is prolonged from one week to the next, a witness necessarily present both before and after such interval and who returns to the place of residence of the witness during such interval shall be paid one additional travel allowance for each such interval.
(f) Multiple matters.--A witness necessarily present for more than one matter at the same place during any day shall receive only one payment for compensation and expenses under this section.
(g) Witness not called.--A witness who attends any matter under subpoena, but who is not called to testify therein, shall receive the same compensation and expenses as if actually called to testify.
(h) Payment at time of service of subpoena.--At the time a witness is served with a subpoena for any civil matter the witness shall, upon demand, be paid the witness fee for one day and travel expense provided in this section.
(i) Certification.--The person disbursing compensation and expenses to a witness under this section may require that the witness first certify under 18 Pa.C.S. § 4904(b) (relating to statements "under penalty") that the compensation and expenses paid do not exceed the amount specified by this section.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

1980 Amendment. Act 142 amended subsec. (a).
1978 Amendment. Act 53 added section 5903.
References in Text. The act of March 30, 1937, P.L.115, No.40, known as The First Class City Permanent Registration Act, referred to in subsec. (b), was repealed by the act of June 30, 1995, P.L.170, No.25, known as the Pennsylvania Voter Registration Act, which was repealed by the act of January 31, 2002, P.L.18, No.3. The subject matter is now contained in Title 25 (Elections).
Cross References. Section 5903 is referred to in sections 6158, 7309 of this title; section 1601 of Title 25 (Elections); section 1108 of Title 65 (Public Officers).

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 42 - JUDICIARY AND JUDICIAL PROCEDURE

Chapter 59 - Depositions and Witnesses

Extra - Chapter Notes

Section 5901 - Judicial oath

Section 5902 - Effect of religious beliefs

Section 5903 - Compensation and expenses of witnesses

Section 5904 - Subpoena of witnesses

Section 5905 - Subpoenas

Section 5911 - Competency of witnesses generally

Section 5912 - Effect of prior convictions

Section 5913 - Spouses as witnesses against each other

Section 5914 - Confidential communications between spouses

Section 5915 - Testimony by spouse in rebuttal

Section 5916 - Confidential communications to attorney

Section 5917 - Notes of evidence at former trial

Section 5918 - Examination of defendant as to other offenses

Section 5919 - Depositions in criminal matters

Section 5920 - Expert testimony in certain criminal proceedings

Section 5921 - Interest not to disqualify

Section 5922 - Disqualification by perjury

Section 5923 - Confidential communications between spouses

Section 5924 - Spouses as witnesses against each other

Section 5925 - Testimony by married person against spouse in rebuttal

Section 5926 - Testimony by spouse after attack on character or conduct

Section 5927 - Actions by spouse to recover separate property

Section 5928 - Confidential communications to attorney

Section 5929 - Physicians not to disclose information

Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc

Section 5931 - Incompetent witnesses

Section 5932 - Witness competent to testify against interest; to become competent upon release of interest

Section 5933 - Competency of surviving party

Section 5934 - Notes of evidence at former trial

Section 5935 - Examination of person adversely interested

Section 5936 - Medical testimony by deposition

Section 5941 - Persons who may be compelled to testify

Section 5942 - Confidential communications to news reporters

Section 5943 - Confidential communications to clergymen

Section 5944 - Confidential communications to psychiatrists or licensed psychologists

Section 5945 - Confidential communications to school personnel

Section 5945.1 - Confidential communications with sexual assault counselors.

Section 5945.2 - Confidential communications to crime stopper or similar anticrime program

Section 5945.3 - Confidential communications with human trafficking caseworkers

Section 5946 - Competency of certain witnesses where political subdivision is a party

Section 5947 - Immunity of witnesses

Section 5948 - Confidential communications to qualified professionals

Section 5949 - Confidential mediation communications and documents

Section 5950 - Confidential communications involving law enforcement officers

Section 5951 - Confidential communications involving public safety responders and corrections officers

Section 5952 - Confidential communications to peer support members

Section 5961 - Short title of subchapter

Section 5962 - Definitions

Section 5963 - Summoning witness in this Commonwealth to testify in another state

Section 5964 - Witness from another state summoned to testify in this Commonwealth

Section 5965 - Exemption from arrest and service of process

Section 5971 - Short title of subchapter

Section 5972 - Definitions

Section 5973 - Scope of subchapter

Section 5974 - Summoning prisoner in this Commonwealth to testify in another state

Section 5975 - Court order

Section 5976 - Terms and conditions

Section 5977 - Prisoner from another state summoned to testify in this Commonwealth

Section 5978 - Compliance

Section 5979 - Exemption from arrest and service of process

Section 5981 - Declaration of policy

Section 5982 - Definitions

Section 5983 - Rights and services

Section 5984 - Videotaped depositions (Repealed)

Section 5984.1 - Recorded testimony

Section 5985 - Testimony by contemporaneous alternative method

Section 5985.1 - Admissibility of certain statements

Section 5986 - Hearsay

Section 5987 - Use of dolls

Section 5988 - Victims of sexual or physical abuse

Section 5991 - Declaration of policy

Section 5992 - Definitions

Section 5993 - Admissibility of certain statements