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Rule 4-405.  Juror and Witness Feesand Expenses.

Intent:

To develop auniform procedure for payment of juror and witness expenses.

Applicability:

This ruleshall apply to all trial courts of record.

Statement of the Rule:

(1)       Fees.

(1)(A)       The courts shall pay the fee established bystatute for all jurors of the courts of record. The courts shall pay the feeestablished by statute for witnesses subpoenaed by the prosecutor or by anindigent defendant in criminal cases in the courts of record and in actions in thejuvenile court. The courts shall pay no fee to a witness appearing for ahearing that was canceled or postponed with at least 24 hours’ notice to theparties, excluding Saturdays, Sundays, and holidays. The parties shall notifywitnesses when a hearing is canceled or postponed. Upon request, a civilwitness’s necessary and reasonable parking expenses shall be reimbursed by theattorney who issued the subpoena.

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

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

(1)(B)(ii)       fora juror, attendance on a subsequent day during the juror’s term ofavailability, as defined in Rule 4-404(2)(B), regardless of whether attendanceis for the same trial.

(1)(C)       A witness requesting payment shall present asubpoena on which appears the certification of the attorney general, countyattorney, district attorney or legal defender of the number of days the witnessattended court, as defined in subsection (1)(B).

(2)       Mileage. The courts shall reimburse thecost of travel at the rate established by statute for those jurors andwitnesses to whom the court pays a fee. A witness in a criminal case orjuvenile court case traveling from out of state to whom the court pays awitness fee shall be reimbursed the cost of round trip airfare or round triptravel at $.20 per mile, as determined by the court.

(3)       Meals and refreshments.

(3)(A)       Meals for jurors shall be provided if the casehas been submitted to the jury and the jury is in the process of deliberatingthe verdict or if the jury is sequestered. A lunch meal may be provided tojurors impaneled 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 courtcase traveling from outside the county to whom the court pays a witness fee maybe reimbursed for meals.

(3)(C)       Payment for meals for jurors and eligiblein-state witnesses shall not exceed the rates adopted by the Department ofAdministrative Services.

(3)(D)       Refreshments may be provided to a jury duringthe course of trial, upon order of the judge. Payment for refreshments shallnot exceed the State Department of Finance per diem rateperperson per day.

(4)       Lodging. Lodging for jurors shall bepaid if the judge orders the jury sequestered, if the juror must travel morethan 100 miles one-way from the juror's residence to the courthouse and thejudge orders that lodging be paid, or if the judge orders that lodging be paiddue to inclement weather. A witness in a criminal case or juvenile court caseto whom the court pays a witness fee traveling from outside the county shall beprovided lodging only upon a determination by the court executive thatreturning to the point of origin on the date in question places a hardship uponthe witness or that the reimbursement for travel for repeat appearances isgreater than the cost of lodging. 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 andmileage shall be by check made payable to the individual, or the court mayreimburse the county or municipal government for the payment of the fee ormileage allowance.

(5)(B)       The court shall pay eligible expenses of jurorsdirectly to the vendor. Jurors shall not be required to incur the expense andseek reimbursement. The court may pay the eligible expenses of witnessesdirectly to the vendor or may reimburse the witness or the county or municipalgovernment for the expense.

(5)(C)       Jurors. Jurors must present a summonsfor payment for the first day of service. If a juror does not present asummons, the clerk may certify that the juror was summoned. The clerk shallfile the summons and shall record the attendance of jurors for payment,including subsequent days of service.

(5)(D)       Witnesses in criminal cases and juvenilecourt cases. Witnesses in criminal cases and juvenile court cases mustpresent a subpoena for payment. If the subpoena is issued on behalf of anindigent defendant, it shall bear the certificate of defense counsel that thewitness has appeared on behalf of the defendant at state expense, regardless ofthe number of days for which the witness is eligible for payment. If thesubpoena is issued on behalf of the prosecution, the prosecutor shall certifythe number of days and the number of miles for which the witness is eligiblefor payment. The clerk shall file the subpoena and record of attendance. If awitness does not present a subpoena, the clerk may record the witness’attendance and mailing address that is certified by the prosecutor or defensecounsel.

(5)(E)       The clerk of the court, or designee, shall enterthe payment due the witness in the State Accounting System (FINET) within 10 businessdays after receipt of certification.

(5)(F)       The clerk of the court, or designee, shall enterthe payment due the juror into the Jury Management System within 10 businessdays from the last court date served.

(5)(G)       Theclerk of court shall maintain both a list of undeliverable juror and witnesschecks and the checks.  State Financereports all stale dated checks to the Unclaimed Property Division and the courtdestroys the checks.

(6)       Audit of records. The AdministrativeOffice of the Courts audit program shall include an audit of juror and witnesspayments within the scope of their regularly scheduled audits.

Effective May 1, 2019