Criminal Trials

ORS 136.602
Witness fees payable by county

  • method of payment
  • defense witness fees payable by defendant

(1)

Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 (Payment of witness who is from outside state or is indigent) due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness.

(2)

The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603 (Payment of witness who is from outside state or is indigent), shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel). [1981 s.s. c.3 §63; 1983 c.401 §1; 1987 c.606 §3; 1989 c.171 §18; 1989 c.1053 §3; 2001 c.962 §87]

Notes of Decisions

“Except as otherwise specifically provided by law” refers to statutory provisions imposing initial responsibility for prosecution witness expenses on entity other than county, but does not refer to statutes addressing reimbursement of county expenses. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)

Source

Last accessed
Mar. 11, 2023

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