§ 610.50 Securing attendance of witness by subpoena; fees.\n 1. A witness subpoenaed by the people in a criminal action is\nentitled to the same fees and mileage as a witness in a civil action,\npayable by the treasurer of the county upon the certificate of the court\nor the clerk thereof, stating the number of days the witness actually\nattended and the number of miles traveled by him in order to attend. In\nany such action, the court may, by order, direct the county treasurer to\npay to such witness a further reasonable sum for expenses, to be\nspecified in the order, and the county treasurer, upon the production of\nthe order or a certified copy thereof, must pay the witness the sum\nspecified therein out of the county treasury. Such certificates shall\nonly be issued by the court or the clerk thereof, upon the production of\nthe affidavit of the witness, stating that he attended as such either on\nsubpoena or request of the district attorney, the number of miles\nnecessarily traveled and the duration of attendance. An officer in any\nstate department who attends as a witness under this section in his\nofficial capacity, or in consequence of any official action taken by\nhim, and who receives a fixed sum in lieu of expenses, or who is\nentitled to receive the actual expenses incurred by him in the discharge\nof his official duties, is not entitled to the compensation herein\nprovided.\n 2. A witness subpoenaed by the defendant in a criminal action is not\nentitled as of right to witness and mileage fees, but the court may in\nits discretion, by order, direct the county treasurer to pay to such a\nwitness a reasonable sum for expenses, to be specified in the order.\nUpon the production of the order or a certified copy thereof, the county\ntreasurer must pay the witness the sum specified therein, out of the\ncounty treasury.\n
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