In no case in any of the courts of this state, shall any fees for witnesses be taxed to exceed four witnesses, on each side, unless under the direction of the court, and in the court's discretion the same may be necessary.
History: Laws 1887, ch. 40, § 3; C.L. 1897, § 1812; Code 1915, § 5900; C.S. 1929, § 155-106; 1941 Comp., § 29-108; 1953 Comp., § 25-1-8.
Cross references. — For when costs of depositions are recovered, see Rule 1-054 NMRA.
Compiler's notes. — The title of Laws 1887, ch. 40 purports to amend §§ 1268 to 1271 of C.L. 1884, but the body of the act appears to be an original instead of an amendatory act.
Duty of court to strike unnecessary fees. — When causes are consolidated for trial, there can be no necessity ordinarily to subpoena any witness more than once, or to pay him more than one fee. If a party unnecessarily accumulates such expense, or seeks recovery of fees he has not paid or is not obligated to pay, it is the duty of the court and it has the power to strike such fees from the cost bill. Marcus v. St. Paul Fire & Marine Ins. Co., 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567.
Discretion abused where fees for consolidated cases taxed. — Discretion as to taxing witness fees as costs was held abused, where nine cases were consolidated for trial and full mileage and per diem for each witness were taxed as costs in each case. Marcus v. St. Paul Fire & Marine Ins. Co., 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567.
Section has reference only to civil cases. 1916 Op. Att'y Gen. No. 16-1792.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 49.
20 C.J.S. Costs § 107 et seq.
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