607-12 Witnesses' fees, mileage; taxation. [(a)] The fees of witnesses shall be as follows: Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of $4 for each day's attendance in court, and traveling expenses at the rate of 20 cents a mile each way. Every such witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to $6 for each day's attendance in addition to the actual round trip cost of plane or ship travel and 20 cents for each mile actually and necessarily traveled on the ground each way.

[(b)] The fees of witnesses may be taxed in the bill of costs as provided by section 607-9. [CC 1859, pt of 1280; am L 1884, c 30, 1; am imp L 1903, c 63, 1; am L 1919, c 5, 1; RL 1925, 2549; am L 1925, c 24, 1; RL 1935, 3798; RL 1945, 9752; RL 1955, 219-12; HRS 607-12; am L 1972, c 88, 5(o)]

 

Case Notes

 

As to disallowance of witness fee. 7 H. 1 (1887).

Cost of bringing witnesses cannot be taxed against the other party when it is not authorized. 9 H. 597 (1895).

Expert witnesses. 21 H. 408 (1913).

Necessity for subpoena under former statute. 21 H. 408, 422 (1913); cf. 20 H. 203 (1910) (unauthorized service of subpoena); of witnesses summoned before trial. 10 H. 398 (1896) (both decided under former statute), questioned on other grounds. 14 H. 301, 302 (1902).

Called by opposing party. 30 H. 100 (1927).

Subpoenaed but not called. 31 H. 147 (1929); 31 H. 177 (1929).

Expert witness fees not taxable as costs. 51 H. 346, 461 P.2d 140 (1969).

This section does not direct payment of out of state traveling expenses to a witness from a foreign state testifying in a civil case. 57 H. 378, 557 P.2d 788 (1976).

Out-of-state witnesses. 59 H. 319, 582 P.2d 710 (1978).

Subpoenaed witness who did not testify must have been in actual attendance at trial to be entitled to fees. 59 H. 319, 582 P.2d 710 (1978).

Expert witness fees are not taxable as costs, absent a statute specifically allowing such an expense. 69 H. 192, 738 P.2d 85 (1987).

 

 

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