Kansas Statutes Annotated

K.S.A. § 44-553 (2026)

Witness fees

✓ current as of May 2026
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44-553. Witness fees. Each witness who appears before the director or administrative law judge in response to a subpoena shall receive the same fee and mileage as is provided for witnesses attending district courts in civil cases in this state. The director or the administrative law judge, whoever is conducting the hearing, shall tax and apportion the costs of such witness fees in the discretion of the director or the administrative law judge, as the case may be, and shall make such orders relative to the payment of such fees as the director or the administrative law judge deems expedient in order to secure and provide for the payment of the witness fees.

History: L. 1927, ch. 232, § 38; L. 1993, ch. 286, § 55; July 1.

CASE ANNOTATIONS

1. Mentioned; deposition fee of examining doctor does not constitute charge for medical treatment. McDowell v. Paynter, 202 Kan. 767, 769, 451 P.2d 227 (1969).

2. K.S.A. 44-510k does not permit the award of expert witness fees in pursuit of post-award medical benefits. Higgins v. Abilene Machine, Inc., 288 Kan. 359, 204 P.3d 1156 (2009).


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Notes of Decisions
Cited in 3 cases, 1996–2009 · leading case: Higgins v. Abilene Mach., Inc., 204 P.3d 1156 (Kan. 2009).
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Higgins v. Abilene Mach., Inc., 204 P.3d 1156 (Kan. 2009). · cites it 4× “" K.S.A. 44-553. For whatever reason, the legislature chose to make "witness fees" under the Workers Compensation Act a defined term, and to confine such fees to those permitted in civil cases.”
Higgins v. Abilene Mach., Inc., 172 P.3d 1201 (Kan. Ct. App. 2007). · cites it 2× “K.S.A. 44-553 specifically provides for witness fees and states: "Each witness who appears before the director or [ALJ] in response to a subpoena shall receive the same fee and mileage as is provided for witnesses attending district court in civil cases in this state.”
Winters v. GNB Battery Tech., 927 P.2d 512 (Kan. Ct. App. 1996). “44-555 — authority for certified shorthand reporter s fees to be assessed as costs; and (5) K.S.A. 44-553 — witness fees and mileage may be taxed as costs.”
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