REPORT TITLE:
Witness Fees


DESCRIPTION:
Increases witness fees for persons testifying in a civil case.
Establishes witness fees for persons providing a deposition and
for small claims court.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.70         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COSTS AND FEES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that it is necessary to
 
 2 increase witness fees and provide for travel expenses to ensure
 
 3 the continued availability and cooperation of witnesses in civil
 
 4 cases.  Additionally, there is no statutory language that allows
 
 5 compensation for witnesses who provide a deposition in either a
 
 6 civil or criminal proceeding.
 
 7      The purpose of this Act is to promote citizen participation
 
 8 in the legal process by increasing and establishing various
 
 9 witness fees and providing for travel expenses so that witnesses
 
10 do not suffer significant economic loss.
 
11      SECTION 2.  Chapter 633, Hawaii Revised Statutes, is amended
 
12 by adding a new section to be appropriately designated and to
 
13 read as follows:
 
14      "§633-       Witnesses' fees, mileage; taxation.  Every
 
15 witness attending and testifying, or subpoenaed and attending,
 
16 upon the trial of any action commenced in the small claims
 
17 division of the district court shall be paid the sum of not less
 
18 than $5 for each day's attendance in court and a reasonable
 
19 mileage fee to be established pursuant to rules adopted by the
 

 
Page 2                                                     
 
                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 judiciary for each mile actually and necessarily traveled on the
 
 2 ground each way, including travel to and from the nearest airport
 
 3 when required to travel from another island or from outside the
 
 4 State.  In addition to witness' fees, every witness, who attends
 
 5 an action in the small claims division of the district court from
 
 6 any island other than that on which the small claims division of
 
 7 the district court holds session, or outside the State, shall be
 
 8 entitled to the actual round-trip cost of plane travel.
 
 9      The fees of witnesses may be taxed in the bill of costs as
 
10 provided by section 607-9."
 
11      SECTION 3.  Section 607-12, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§607-12  Witnesses' fees, mileage; taxation.  [The fees of
 
14 witnesses shall be as follows:]  Every witness attending and
 
15 testifying, or subpoenaed and attending, upon the trial of any
 
16 civil cause, in any court, shall be paid the sum of [$4] not less
 
17 than $20 for each day's attendance in court[, and traveling
 
18 expenses at the rate of 20 cents a mile each way.  Every such
 
19 witness, coming to attend upon court from any island other than
 
20 that upon which the court is holding session, shall be entitled
 
21 to $6 for each day's attendance in addition to the actual round
 
22 trip cost of plane or ship travel and 20 cents for each mile
 

 
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                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 actually and necessarily traveled on the ground each way.] and a
 
 2 reasonable mileage fee to be established pursuant to rules
 
 3 adopted by the judiciary for each mile actually and necessarily
 
 4 traveled on the ground each way, including travel to and from the
 
 5 nearest airport when required to travel from another island or
 
 6 from outside the State.  In addition to witness' fees, every
 
 7 witness, who attends a state court from outside the State shall
 
 8 be entitled to the actual round-trip cost of plane travel, plus
 
 9 $110 per twenty-four-hour day, or if from any island other than
 
10 that on which the court holds session, shall be entitled to the
 
11 actual round-trip cost of plane travel, plus $55 per twenty-four-
 
12 hour day, which amounts shall cover all personal expenses, such
 
13 as board and lodging.  These per diem payments shall be computed
 
14 on the basis of quarter day periods of time.
 
15      The fees of witnesses may be taxed in the bill of costs as
 
16 provided by section 607-9."
 
17      SECTION 4.  Section 621-7, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§621-7 Fees; criminal cases.(a)  Every witness legally
 
20 required to attend a state court or grand jury in any criminal
 
21 case, other than a public officer or employee, shall be entitled
 
22 to not less than $20 for each day's attendance and a reasonable
 
23 mileage fee to be established pursuant to rules adopted by the
 

 
Page 4                                                     
 
                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 judiciary for each mile actually and necessarily traveled on the
 
 2 ground each way, including travel to and from the nearest airport
 
 3 when required to travel from another island or from outside the
 
 4 State.  In addition to witness' fees, every witness, who attends
 
 5 a state court from outside the State shall be entitled to the
 
 6 actual round-trip cost of plane travel, plus $110 per twenty-
 
 7 four-hour day, or if from any island other than that on which the
 
 8 court holds session, shall be entitled to the actual round-trip
 
 9 cost of plane travel, plus $55 per twenty-four-hour day, which
 
10 amounts shall cover all personal expenses, such as board and
 
11 lodging.  These per diem payments shall be computed on the basis
 
12 of quarter day periods of time.
 
13      (b)  Any police officer or other public officer or employee
 
14 (except the county attorney, prosecuting attorney, or deputy
 
15 county attorney or deputy prosecuting attorney), who attends a
 
16 state court as a witness from a district other than that in which
 
17 the court is holding session, shall be allowed the police
 
18 officer's, public officer's, or employee's travel cost and
 
19 mileage fees as provided in this section.  A public officer or
 
20 employee, if not salaried, shall receive witness fees.
 
21      (c)  When the taking of a deposition is authorized pursuant
 
22 to section 624-24.5, every witness who attends and answers
 
23 questions shall be paid the sum of not less than $10 per day, and
 

 
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                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 a reasonable mileage fee to be established pursuant to rules
 
 2 adopted by the judiciary for each mile actually and necessarily
 
 3 traveled on the ground each way, including travel to and from the
 
 4 nearest airport when required to travel from another island or
 
 5 from outside the State.  In addition to deposition fees, every
 
 6 witness, who attends a deposition from outside the State shall be
 
 7 entitled to the actual round-trip cost of plane travel."
 
 8      SECTION 5.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________