(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
Section 5902 - Effect of religious beliefs
Section 5903 - Compensation and expenses of witnesses
Section 5904 - Subpoena of witnesses
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 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 5952 - Confidential communications to peer support members
Section 5961 - Short title of subchapter
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 5973 - Scope of subchapter
Section 5974 - Summoning prisoner in this Commonwealth to testify in another state
Section 5976 - Terms and conditions
Section 5977 - Prisoner from another state summoned to testify in this Commonwealth
Section 5979 - Exemption from arrest and service of process
Section 5981 - Declaration of policy
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 5988 - Victims of sexual or physical abuse