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2018 Georgia Code 17-11-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-11-2 Case Law from Google Scholar Amendments to OCGA 17-11-2

TITLE 17 CRIMINAL PROCEDURE

Section 11. Assessment and Payment of Costs of Criminal Proceedings, 17-11-1 through 17-11-24.

ARTICLE 1 GENERAL PROVISIONS

17-11-2. Liability of defendant for costs of witnesses.

No defendant shall be liable for the costs of any witness of the state, unless such witness was subpoenaed, sworn, and examined during the trial, nor for the costs of more than two witnesses testifying on the same point, unless the court shall certify that the question at issue was of such a character as to require the testimony of more than two witnesses.

(Laws 1799, Cobb's 1851 Digest, p. 277; Code 1863, § 3608; Code 1868, § 3632; Code 1873, § 3682; Code 1882, § 3682; Penal Code 1895, § 1079; Penal Code 1910, § 1106; Code 1933, § 27-2802.)

Law reviews.

- For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

JUDICIAL DECISIONS

Limitation as to witnesses testifying on same point applies only to those subpoenaed, sworn, and examined.

- Prohibition in this section against charging the accused with the costs of more than two witnesses to the same point relates only to witnesses who have actually been subpoenaed, sworn, and examined. Herrington v. Flanders, 115 Ga. 823, 42 S.E. 222 (1902).

Residence of witnesses.

- Person tried and convicted of a criminal offense is taxable for costs with the fees of witnesses sworn and examined in behalf of the state whether the witnesses reside in the county or not. Brown v. State, 86 Ga. 375, 12 S.E. 649 (1890).

Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Holloway v. State, 178 Ga. App. 141, 342 S.E.2d 363 (1986).

RESEARCH REFERENCES

ALR.

- Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.

Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.

Right of witness detained in custody for future appearance to fees for such detention, 50 A.L.R.2d 1439.

Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.

Allowance of mileage or witness fees with respect to witnesses who were not called to testify or not permitted to do so when called, 22 A.L.R.3d 675.

Cases Citing O.C.G.A. § 17-11-2

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Smith v. State, 526 S.E.2d 59 (Ga. 2000).

Cited 17 times | Published | Supreme Court of Georgia | Feb 14, 2000 | 272 Ga. 83, 2000 Fulton County D. Rep. 606

...Before Charles Christopher Smith's trial for driving under the influence of alcohol and other related offenses, the State gave notice that it would present similar transaction evidence in testimony by two deputy sheriffs from Oregon. The State subsequently filed a motion to compel payment of witness fees under OCGA § 17-11-2....
...Just as there was no statutory authorization for charging a defendant with jurors' fees and bailiffs' fees in Walden, supra, there is no specific statutory authorization for assessing a criminal defendant for the lodging and airfare costs of witnesses for the State. OCGA §§ 17-11-2, 24-10-24, and 24-10-27 provide for witness fees and travel expenses, but none of those sections provides expressly for the expenses sought here....
...In addition to a lack of specific authority for the charges assessed in this case, we note that the record does not support the assessment of any of the statutorily authorized charges for the costs of witnesses. The permissible costs for witnesses provided for in OCGA §§ 17-11-2, 24-10-24, and 24-10-27 all contemplate that the witnesses in question be subpoenaed, and the latter two sections call for the submissions of affidavits concerning the entitlement of the witnesses to the fees....