17.1-612 - Allowances to other witnesses.
§ 17.1-612. Allowances to other witnesses.
A person attending as a witness under a summons not covered by § 17.1-611,whether he is a witness from within or without the Commonwealth, shall bereimbursed for his daily mileage as prescribed in § 2.2-2823, and expensesfor the tolls. On his oath an entry of the sum he is entitled to and for whatand by what party it is to be paid shall be made: (i) by the clerk of eitherhouse or a committee of the General Assembly when the attendance is beforesuch house or committee and (ii) in other cases by the clerk of the court inwhich the case is or the person before whom the witness attended. When theattendance was on behalf of the Commonwealth before a court, the entry shallbe made upon the minutes of the court in which the case is docketed. Awitness from outside the Commonwealth in any civil action may be allowed thesame mileage and attendance fee as any other witness in any such action.However, no sums for attendance and mileage shall be allowed a witness fromoutside the Commonwealth, in any civil action, unless the judge of the courtdetermines and certifies that the witness is a material witness in the matterfor which he appeared. The court may allow such mileage and attendance fee orany portion thereof as the court may determine to be reasonable under thecircumstances of the case. A witness summoned to attend in several cases mayhave the entry made against either of the parties by whom he is summoned, butno witness shall be allowed reimbursement for his attendance in more than onecase at the same time. Every witness who qualifies as an expert witness, whencompelled to attend and testify, shall be allowed such compensation andmileage as the court may, if requested in its discretion, order withoutregard to any limitation described above, but the same shall be paid by theparty in whose behalf he shall testify.
(Code 1950, § 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964, c. 386,§ 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c.872.)