5-07/170.10 - Reporting Procedures - Witness and Mileage Fees



Deputies shall file a report indicating each day's court time, travel time and mileage and the deposit of the required daily fee by submitting a Report of Witness and Mileage Fees (SH-R-376) to Fiscal Services, Special Accounts Section, Attention:  Witness Fees.

Such report shall be made in all cases when a Deputy responds to and from court, while remaining at said court and when a Deputy responds to a court and is then informed that his attendance is not required.

Based upon the information contained in the SH-R-376, Fiscal Services shall calculate the actual expenses incurred by the Deputy in complying with a subpoena under this section.  If the actual expenses incurred are less than the witness fee deposited, Fiscal Services shall process a refund to the depositor.  If the actual expenses incurred are more than the witness fee deposited, Fiscal Services shall collect the difference from the depositor.

Deputies shall report to their Unit Commander any overtime earned in response to such subpoenas through regular overtime reporting procedures.

If a Deputy is subpoenaed and is subsequently informed that he need not appear, and thus does not go to court, he shall immediately submit the original of the SH-R-376, with sections 1 through 8 completed, to Fiscal Services, Special Accounts Section, Attention: Witness Fees.

Service of a subpoena under this section shall be made to the Deputy personally or to his immediate superior.

Deputies who are subpoenaed as witnesses for the opposition in any civil action or proceeding, or for the taking of depositions to which the County is a party, shall also adhere to the procedures outlined under section 5-07/220.00 of this chapter.