2013 -- S 0487

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LC01616

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-17-18 of the General Laws in Chapter 9-17 entitled "Witnesses"

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is hereby amended to read as follows:

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     9-17-18. Certificate of days and mileage as prerequisite to payment of fees. -- Every

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witness, previous to his or her obtaining any fee, except the amount which, in certain cases, must

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be tendered to him or her before he or she can be compelled to attend, shall give a certificate to

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the court wherein he or she has attended department of the attorney general or the office of the

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public defender, whichever procured the witness, certifying the number of days he or she has

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attended and the number of miles he or she has traveled; which certificate shall be subject to the

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examination of the court department that procured the witness, and, if question arises, such

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allowance shall be made thereon as shall be lawfully due.

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     SECTION 2. Section 9-22-15 of the General Laws in Chapter 9-22 entitled "Costs" is

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hereby amended to read as follows:

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     9-22-15. Witness fees allowed where certificate filed after judgment. -- Unless the

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certificate of a witness for his or her attendance and travel is filed with the clerk of the court

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rendering judgment department of the attorney general or the office of the public defender,

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whichever procured the witness, not later than ten (10) days after the rendition of judgment in the

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cause in which he or she shall have attended or been summoned, no more fees shall be taxed in

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favor of the party procuring the witness than one day's attendance and travel; provided, that in a

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district court no fees shall be taxed in favor of the party procuring the witness in any cause in

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which an appeal shall be claimed after judgment, unless there shall be filed with the clerk of the

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court department that procured the witness, within one day after entry of judgment, exclusive of

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Sundays and legal holidays, the certificate of the witness for his or her attendance and travel, or

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the summons for the witness; in which latter case fees shall be taxed for only one day's attendance

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and travel.

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     SECTION 3. Section 9-29-8 of the General Laws in Chapter 9-29 entitled "Fees" is

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hereby amended to read as follows:

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     9-29-8. Certification as to witness fees. -- Every witness before obtaining any fees,

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except the amount which in certain cases must be tendered to him or her before he or she can be

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compelled to attend, shall give a certificate to the clerk of the court wherein or before whom his

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or her attendance shall be given department of the attorney general or the office of the public

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defender, whichever procured the witness, certifying the number of days he or she shall have

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attended and the number of miles he or she shall have traveled, in pursuance of a summons issued

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for that purpose, which certificate shall be subject to the examination of the court department that

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procured the witness, and the allowance shall be made thereon as may be lawfully due; provided,

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that a certificate may be made for travel and attendance without a summons, in case a witness for

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the state comes from without the state.

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     SECTION 4. Section 35-6-29 of the General Laws in Chapter 35-6 entitled "Accounts

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and Control" is hereby amended to read as follows:

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     35-6-29. Orders for payment of fees due in criminal cases. -- The state controller may

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deliver to the clerk of each district court, to wardens, and to the clerks of the superior court,

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except the clerk of the superior court in the county of Providence department of the attorney

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general or the office of the public defender, whichever procured the witness, orders for fees of

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officers and witnesses in criminal prosecutions allowed by the courts, and by the controller found

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to be due to the officers and witnesses from the state; and the justices, wardens, and clerks, upon

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application therefor, shall deliver the orders to the officers and witnesses entitled to them.

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     SECTION 5. This act shall take effect upon passage.

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LC01616

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

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     This act would make changes to the accounting of witness fees where witnesses are

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procured through the department of the attorney general or the office of the public defender.

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     This act would take effect upon passage.

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LC01616

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