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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61141</law_id><section_number>17.1-612</section_number><catch_line>Allowances to other witnesses</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>17.1-610</reference><reference>17.1-613</reference><reference>19.2-329</reference><reference>53.1-6</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="17.1">Courts of Record</unit><unit label="chapter" level="2" order_by="1" identifier="6">Costs Generally</unit></structure><text>
						<section><p>A person attending as a witness under a <span class="dictionary">summons</span> not covered by &#xA7;&#xA0;<a class="law" title="Allowances to witnesses for Commonwealth" href="/17.1-611/">17.1-611</a>, whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in &#xA7;&#xA0;<a class="law" title="Traveling expenses on state business; public or private transportation" href="/2.2-2823/">2.2-2823</a>, and expenses for the tolls. On his <span class="dictionary">oath</span> an entry of the sum he is entitled to and for what and by what <span class="dictionary">party</span> it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the <span class="dictionary">court</span> in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a <span class="dictionary">court</span>, the entry shall be made upon the minutes of the <span class="dictionary">court</span> in which the case is docketed. A witness from outside the Commonwealth in any <span class="dictionary">civil action</span> may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any <span class="dictionary">civil action</span>, unless the <span class="dictionary">judge</span> of the <span class="dictionary">court</span> determines and certifies that the witness is a <span class="dictionary">material witness</span> in the matter for which he appeared. The <span class="dictionary">court</span> may allow such mileage and attendance fee or any portion thereof as the <span class="dictionary">court</span> may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an <span class="dictionary">expert witness</span>, when compelled to attend and testify, shall be allowed such compensation and mileage as the <span class="dictionary">court</span> may, if requested in its discretion, <span class="dictionary">order</span> without regard to any limitation described above, but the same shall be paid by the <span class="dictionary">party</span> in whose behalf he shall testify.</p></section></text><history>Code 1950, &#xA7; 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964, c. 386, &#xA7; 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872.</history><metadata></metadata></law>
