37-4-325. Witness fees and mileage. (1) Each witness who appears by order of the board or any member of the board is entitled to receive, if demanded, for attendance the same fees and mileage allowed by law to a witness in civil cases in the district court. The amount must be paid by the party at whose request the witness is subpoenaed unless otherwise ordered by the board. When any witness who has not been required to attend at the request of any party is subpoenaed by the board, the witness's fees and mileage may be paid from the funds of the board in the same manner as other expenses of the board are paid.
(2) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the board, may at the time of service demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear and 1 day's attendance. If the witness demands the fees at the time of service and they are not at that time paid or tendered, the witness may not be required to attend before the board, a member of the board, or a referee as directed in the subpoena.
History: En. Sec. 15, Ch. 48, L. 1935; re-en. Sec. 3115.15, R.C.M. 1935; R.C.M. 1947, 66-915; amd. Sec. 1363, Ch. 56, L. 2009.
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