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This entry was published on 2014-09-22
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SECTION 610.50
Securing attendance of witness by subpoena; fees
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 610
§ 610.50 Securing attendance of witness by subpoena; fees.

1. A witness subpoenaed by the people in a criminal action is
entitled to the same fees and mileage as a witness in a civil action,
payable by the treasurer of the county upon the certificate of the court
or the clerk thereof, stating the number of days the witness actually
attended and the number of miles traveled by him in order to attend. In
any such action, the court may, by order, direct the county treasurer to
pay to such witness a further reasonable sum for expenses, to be
specified in the order, and the county treasurer, upon the production of
the order or a certified copy thereof, must pay the witness the sum
specified therein out of the county treasury. Such certificates shall
only be issued by the court or the clerk thereof, upon the production of
the affidavit of the witness, stating that he attended as such either on
subpoena or request of the district attorney, the number of miles
necessarily traveled and the duration of attendance. An officer in any
state department who attends as a witness under this section in his
official capacity, or in consequence of any official action taken by
him, and who receives a fixed sum in lieu of expenses, or who is
entitled to receive the actual expenses incurred by him in the discharge
of his official duties, is not entitled to the compensation herein
provided.

2. A witness subpoenaed by the defendant in a criminal action is not
entitled as of right to witness and mileage fees, but the court may in
its discretion, by order, direct the county treasurer to pay to such a
witness a reasonable sum for expenses, to be specified in the order.
Upon the production of the order or a certified copy thereof, the county
treasurer must pay the witness the sum specified therein, out of the
county treasury.