Kentucky Revised Statutes

Ky. Rev. Stat. § 421.030 (2026)

Nonresident witness -- When expenses allowed

✓ current as of May 2026

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A Commonwealth's witness in a felony case who resides in another state shall be allowed his necessary expenses in addition to the per diem, but no such allowance shall be made unless the judge of the court has made an order based upon the personal knowledge of the Circuit Judge or upon information showing that the testimony of the witness is material to the state, requiring the attendance of the witness. The expense and per diem shall be allowed by the Circuit Court and certified to the circuit clerk for payment. History: Amended 1964 Ky. Acts ch. 177, sec. 3. -- Amended 1942 Ky. Acts ch. 163, secs. 1, 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 368.

Notes of Decisions

Cited in 2 cases, 2005–2008 · leading case: Hodge v. Coleman, 244 S.W.3d 102 (Ky. 2008).

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Hodge v. Coleman, 244 S.W.3d 102 (Ky. 2008). · cites it 2× “015 (providing that out-of-county witnesses are allowed travel reimbursement at the level allowed for state employees); KRS 421.030 (governing expenses for witnesses on behalf of the Commonwealth who reside outside Kentucky).”

Stengel v. Kentucky Bar Ass'n, 162 S.W.3d 914 (Ky. 2005). “under KRS 421.030, the Commonwealth must reimburse witnesses the necessary expenses for attendance.”

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