AN ACT CONCERNING WITNESS FEES

(Amended Recommendation, January 22, 2002)

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 52-143 of the general statutes is repealed and the following is substituted in lieu therof:

(d) Subpoenas for witnesses summoned by the state, including those issued by any attorney employed by the Office of the Attorney General, [or an assistant attorney general, or by any public defender or assistant public defender] the Division of Public Defender Services, or the Division of Criminal Justice, or by any attorney appointed or designated under section 51-285, subsection (a) of section 51-293 or subsection (d) of section 16-15n acting in [his] that individual’s official capacity may contain this statement: "Notice to the person summoned: Your statutory fees as witness will be paid by the clerk of the court where you are summoned to appear, if you give the clerk this subpoena on the day you appear. If you do not appear in court on the day and at the time stated, or on the day and at the time to which your appearance may have been postponed or continued by order of an officer of the court, the court may order that you be arrested."

Sec 2. Section 52-260 of the general statutes is repealed and the following is substituted in lieu therof:

(a) [The] Except as otherwise provided in this section or in sections 54-82i and 54-152 of the general statutes, the fees of a witness [for attendance] summoned to appear before any court in any civil or criminal proceeding, before the General Assembly or any committee thereof [, when summoned by the state,] or before any legal authority, shall be for attendance [fifty cents] five dollars a day, and for travel to the place of trial [, except as provided in section 54-152, shall be] the same amount per mile as provided for state employees pursuant to section 5-141c. Whenever a garnishee is required to appear before any court, such garnishee shall receive the same fees as a witness [in a civil action] and be paid in the same manner. The summoning party shall pay the fee of a witness at the time of service of the summons to appear, except that if the witness is summoned by the state, including by any attorney employed by the Office of the Attorney General, the Division of Public Defender Services, or the Division of Criminal Justice, or by any attorney appointed or designated under section 51-285, subsection (a) of section 51-293 or subsection (d) of section 16-15n acting in that individual’s official capacity, to appear before the court the [The] clerk of the Superior Court, upon request, shall, on the day of attendance, pay the fee of such [any] witness [summoned by the state to appear before the court], unless the witness has been paid in accordance with sections 54-82i or 54-152.

(b) When any regular or supernumerary [policeman] police officer or any regular, volunteer or substitute [fireman] firefighter of any town, city or borough is summoned to testify in any criminal proceeding pending before the Superior Court or the Department of Consumer Protection and the [policeman or fireman] police officer or firefighter receives no compensation from the town, city or borough by which [he] such police officer or firefighter is employed for the time [so] spent [by him] testifying, the [policeman or fireman] police officer or firefighter shall be allowed and paid by the summoning party forty dollars, together with [the] mileage [allowed by law to witnesses in criminal cases] in the same amount per mile as provided for state employees pursuant to section 5-141c, for each day [he] the police officer or firefighter is required to attend the proceedings.

(c) When any regular or supernumerary [policeman] police officer or any regular or substitute [fireman] firefighter is summoned to testify in [his] such police officer’s or firefighter’s professional capacity [as a policeman or fireman] in any court in a civil action and the [policeman or fireman] police officer or firefighter receives no compensation from the municipality by which [he] the police officer or firefighter is employed for the time [he is] spent in attendance at court, there shall be allowed and paid by the summoning party to the [policeman or fireman] police officer or firefighter a witness fee of forty dollars, together with [the] mileage [allowed by law to witnesses in criminal cases] in the same amount per mile as provided for state employees pursuant to section 5-141c, for each day [he] the police officer or firefighter is required to attend court. If the [policeman or fireman] police officer or firefighter testifies in any such proceeding or civil action on a vacation day or compensatory day off, [he] the police officer or firefighter shall be paid by the summoning party the sum of forty dollars, together with [the] mileage [allowed by law] in the same amount per mile as provided for state employees pursuant to section 5-141c, notwithstanding the fact that [he] the police officer or firefighter is receiving compensation for such day from the employing town, city or borough [by which he is employed].

(d) The amounts paid under subsections (b) and (c) of this section shall be taxed as a part of the costs, and shall be in lieu of all other witness fees payable to such [policeman or fireman] police officer or firefighter.

(e) When any person is confined in a community correctional center upon the allegation of the state's attorney that [he] such person will be a material witness in a pending criminal proceeding, [he] such person shall [receive] be paid by the clerk of the Superior Court, in addition to [his legal fees as a witness] any other witness fees, two dollars for each day that [he] the person is so confined.

(f) When any practitioner of the healing arts as defined in section 20-1, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser gives expert testimony in any action or proceeding, including by means of a deposition, the court shall determine a reasonable fee to be paid to the practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser and taxed as part of the costs in lieu of all other witness fees payable to the practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser.

(g) When any public accountant licensed under chapter 389 is subpoenaed by any party, other than the state, to testify in [his] such public accountant’s professional capacity [as a public accountant] in any action or proceeding, the court shall determine a reasonable fee to be paid to the public accountant and such fee shall be paid by the party issuing such subpoena.

Sec 3. Subsection (c) of section 54-82i of the general statutes is repealed and the following is substituted in lieu therof:

(c) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or in grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court, stating such facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. Such certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found. If the witness is summoned to attend and testify in this state, the witness shall be tendered by the summoning party the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending, [and] five dollars for each day that such witness is required to travel and attend as a witness and, when summoned by the Chief State’s Attorney, expenses in accordance with section 54-152 of the general statutes. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

STATEMENT OF PURPOSE: To clarify the payment of witness fees.