Witnesses in the county, circuit, chancery and justice courts shall receive the same pay per day as is set by the board of supervisors under Section 25-7-61 for service as a juror plus mileage as authorized under Section 25-3-41 for each mile going to and returning from the courthouse to their homes by the nearest route, and such tolls and ferriages as they may actually be obliged to pay; but a charge shall not be made for mileage except that traveled in this state. Witnesses in all other cases shall receive the same compensation as they receive before the circuit court. It shall not be necessary to issue subpoenas for police officers as witnesses in city cases of cities having a population of more than ten thousand (10,000) according to the federal census of 1930; and officers, when used as witnesses in cases, are not to be allowed witness fees. A law enforcement officer who has retired or otherwise ceased employment as a law enforcement officer but who is required to testify in any case based on matters that arose during the course of the officer's employment shall be entitled to the same compensation and expenses from the former employing law enforcement agency as an officer on active duty under the same circumstances.
Codes, 1880, § 1595; 1892, § 2023; 1906, § 2199; Hemingway's 1917, § 1884; 1930, § 1805; 1942, § 3953; Laws, 1936, ch. 249; Laws, 2005, ch. 385, § 1, eff. 7/1/2005.
Amended by Laws, 2014, ch. 374, SB 2676, 1, eff. 7/1/2014.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1995–2023 · leading case:
Keller v. State, 138 So. 3d 817 (Miss. 2014).
Keller v. State, 138 So. 3d 817 (Miss. 2014).
· cites it 4× “Miss.Code Ann. § 25-7-47 (Rev.2010). ¶ 30.”
Woodward v. State, 726 So. 2d 524 (Miss. 1997).
· cites it 4× “Woodward also cites Miss.Code Ann. § 25-7-47, which provides in pertinent part: Witnesses in the county, circuit, and chancery courts shall receive one dollar and fifty cents per day and five cents for each mile going to and returning from the courthouse to their homes by the…”
Hubbard v. Delta Sanitation of Mississippi, 64 So. 3d 547 (Miss. Ct. App. 2011).
· cites it 6× “11 Miss.Code Ann. § 25-7-47. ¶ 73. This being the statutory limit allowed by law, we hold that Hubbard may not be taxed with costs in excess thereof with respect to Delta’s expert witness.”
Miss. Com'n of Jud. Performance v. Bishop, 761 So. 2d 195 (Miss. 2000).
· cites it 2× “NOTES [1] For example, pursuant to 81 of the Rules of the Mississippi Commission on Judicial Performance and Miss.Code Ann. § 25-7-47 (1999), witnesses are entitled to only $1.”
Mississippi Comm'n on Jud. Performance v. Bishop, 761 So. 2d 195 (Miss. 2000).
· cites it 2× “For example, pursuant to 81 of the Rules of the Mississippi Commission on Judicial Performance and Miss.Code Ann. § 25-7-47 (1999), witnesses are entitled to only $1.”
Woodward v. State, 726 So. 2d 524 (Miss. 1997).
· cites it 4× “Woodward also cites Miss.Code Ann. § 25-7-47, which provides in pertinent part: Witnesses in the county, circuit, and chancery courts shall receive one dollar and fifty cents per day and five cents for each mile going to and returning from the courthouse to their homes by the…”
Paul Everette Woodward v. State of Mississippi (Miss. 1995).
· cites it 4× “Woodward also cites Miss. Code Ann. § 25-7-47 , which provides in pertinent part: Witnesses in the county, circuit, and chancery courts shall receive one dollar and fifty cents per day and five cents for each mile going to and returning from the courthouse to their homes by the…”
Gilbert S. Macvaugh III v. State of Mississippi (Miss. Ct. App. 2023).
“But according to the advisory committee notes to the rules, Rule 45(c) is complementary to Mississippi Code Annotated sections 25-7-47 to -59 (Rev. 2018) (statutes governing witness fees).”
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.