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Rule 4-405. Juror and witness fees and expenses.

Intent:

To develop a uniform procedure for payment of juror and witnessexpenses.

Applicability:

This rule shall apply to all trial courts of record.

Statement of the Rule:

(1) Fees.

(1)(A) The courts shall pay the fee established by statute for alljurors of the courts of record. The courts shall pay the fee established bystatute for witnesses subpoenaed by the prosecutor or by an indigent defendantin criminal cases in the courts of record and in actions in the juvenile court.The courts shall pay no fee to a witness appearing for a hearing that wascanceled or postponed with at least 24 hours? notice to the parties, excludingSaturdays, Sundays, and holidays. The parties shall notify witnesses when a hearingis canceled or postponed. Upon request, a civil witness?s necessary andreasonable parking expenses shall be reimbursed by the attorney who issued thesubpoena.

(1)(B) A subsequent day of attendance shall be:

(1)(B)(i) for a witness, attendance on a subsequent day of thehearing regardless of whether the hearing is continued to a contiguous businessday, but only if the hearing was actually called on the first day; and

(1)(B)(ii) for a juror, attendance on asubsequent day during the juror?s term of availability, as defined in Rule4-404(2)(B), regardless of whether attendance is for the same trial.

(1)(C) A witness requesting payment shall present a subpoena onwhich appears the certification of the attorney general, county attorney,district attorney or legal defender of the number of days the witness attendedcourt, as defined in subsection (1)(B).

(2) Mileage. The courts shall reimburse the cost of travel at therate established by statute for those jurors and witnesses to whom the courtpays a fee. A witness in a criminal case or juvenile court case traveling fromout of state to whom the court pays a witness feeshall be reimbursed the cost of round trip airfare or round trip travel at $.20per mile, as determined by the court.

(3) Meals and refreshments.

(3)(A) Meals for jurors shall be provided if the case has beensubmitted to the jury and the jury is in the process of deliberating theverdict or if the jury is sequestered. A lunch meal may be provided to jurorsimpaneled to try a case if it is anticipated that the matter will not beconcluded by 2:00 p.m. on the final day of trial and the trial judge finds thatprovision of a lunch meal will assist in expediting the conclusion of thetrial.

(3)(B) A witness in a criminal case or a juvenile court casetraveling from outside the county to whom the court pays a witness fee may bereimbursed for meals.

(3)(C) Payment for meals for jurors and eligible in-statewitnesses shall not exceed the rates adopted by the Department ofAdministrative Services.

(3)(D) Refreshments may be provided to a jury during the course oftrial, upon order of the judge. Payment for refreshments shall not exceed $4.00per person per day.

(4) Lodging. Lodging for jurors shall be paid if the judge ordersthe jury sequestered, if the juror must travel more than 100 miles one-way fromthe juror's residence to the courthouse and the judge orders that lodging bepaid, or if the judge orders that lodging be paid due to inclement weather. Awitness in a criminal case or juvenile court case to whom the court pays awitness fee traveling from outside the county shall be provided lodging onlyupon a determination by the court executive that returning to the point oforigin on the date in question places a hardship upon the witness or that thereimbursement for travel for repeat appearances is greater than the cost oflodging. Unless unavailable, lodging costs shall notexceed the rates adopted by the Department of Administrative Services.

(5) Method and record of payment.

(5)(A) The payment of juror and witness fees and mileage shall beby check made payable to the individual, or the court may reimburse the countyor municipal government for the payment of the fee or mileage allowance.

(5)(B) The court shall pay eligible expenses of jurors directly tothe vendor. Jurors shall not be required to incur the expense and seekreimbursement. The court may pay the eligible expenses of witnesses directly tothe vendor or may reimburse the witness or the county or municipal governmentfor the expense.

(5)(C) Jurors. Jurors must present a summons for payment for thefirst day of service. If a juror does not present a summons, the clerk maycertify that the juror was summoned. The clerk shall file the summons and shallrecord the attendance of jurors for payment, including subsequent days ofservice.

(5)(D) Witnesses in criminal cases and juvenile court cases.Witnesses in criminal cases and juvenile court cases must present a subpoenafor payment. If the subpoena is issued on behalf of an indigent defendant, itshall bear the certificate of defense counsel that the witness has appeared onbehalf of the defendant at state expense, regardless of the number of days forwhich the witness is eligible for payment. If the subpoena is issued on behalfof the prosecution, the prosecutor shall certify the number of days and thenumber of miles for which the witness is eligible for payment. The clerk shallfile the subpoena and record of attendance. If a witness does not present asubpoena, the clerk may record the witness? attendance and mailing address thatis certified by the prosecutor or defense counsel.

(5)(E) The clerk of the court shall enter the payment due thejuror or witness in the State Accounting System (FINET) within 10 calendar daysafter receipt of certification. The state will mail the payment to the juror orwitness within 3 days. The clerk of court shall maintain both a list ofundeliverable juror and witness checks and the checks. A payment is consideredabandoned one year after it became payable and will be sent to the Division ofUnclaimed Property pursuant to the Utah Code.

(6) Audit of records. At least once per month, the clerk of thecourt or a designee shall compare the jurors summoned and the witnessessubpoenaed with the FINET log of payments. Any unauthorized paymentor other irregularity shall be reported to the court executive and the auditdepartment of the Administrative Office of the Courts. The AdministrativeOffice of the Courts shall include the audit of juror and witness paymentswithin the scope of their regularly scheduled audits.

 

Effective November 1, 2016