O.C.G.A.

O.C.G.A. § 17-11-2 (2019)

Liability of defendant for costs of witnesses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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.

Annotations

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.

Notes of Decisions

Cited in 3 cases, 1987–2000 · leading case: Smith v. State, 526 S.E.2d 59 (Ga. 2000).

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Smith v. State, 526 S.E.2d 59 (Ga. 2000). · cites it 6× “The State subsequently filed a motion to compel payment of witness fees under OCGA § 17-11-2. Smith opposed the motion, specifically objecting to the imposition on him of the costs of lodging and airfare for the out-of-state witnesses.”

Smith v. State, 512 S.E.2d 19 (Ga. Ct. App. 1999). · cites it 2× “See OCGA § 17-11-2. OCGA § 24-10-27 provides that witnesses residing outside the county are entitled to be paid for expenses incurred in traveling from and returning to their homes by the nearest practical route.”

Walden v. State, 364 S.E.2d 304 (Ga. Ct. App. 1987). · cites it 2× “See OCGA § 17-11-2; Brown v. State, supra; State v.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.