§607-12  Witnesses' fees, mileage; taxation.  (a)  The fees of witnesses shall be as follows:  Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of:

     (1)  $30 for each day's attendance in court;

     (2)  Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

     (3)  The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

     (b)  Every witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to:

     (1)  $36 for each day's attendance;

     (2)  The actual round trip cost of plane or ship travel;

     (3)  Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

     (4)  The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

     (c)  The fees of witnesses may be taxed in the bill of costs as provided by section 607-9. [CC 1859, pt of §1280; am L 1884, c 30, §1; am imp L 1903, c 63, §1; am L 1919, c 5, §1; RL 1925, §2549; am L 1925, c 24, §1; RL 1935, §3798; RL 1945, §9752; RL 1955, §219-12; HRS §607-12; am L 1972, c 88, §5(o); am L 2025, c 153, §2]

Case Notes

  As to disallowance of witness fee.  7 H. 1 (1887).

  Cost of bringing witnesses cannot be taxed against the other party when it is not authorized.  9 H. 597 (1895).

  Expert witnesses.  21 H. 408 (1913).

  Necessity for subpoena under former statute.  21 H. 408, 422 (1913); cf. 20 H. 203 (1910) (unauthorized service of subpoena); of witnesses summoned before trial.  10 H. 398 (1896) (both decided under former statute), questioned on other grounds.  14 H. 301, 302 (1902).

  Called by opposing party.  30 H. 100 (1927).

  Subpoenaed but not called.  31 H. 147 (1929); 31 H. 177 (1929).

  Expert witness fees not taxable as costs.  51 H. 346, 461 P.2d 140 (1969).

  This section does not direct payment of out of state traveling expenses to a witness from a foreign state testifying in a civil case.  57 H. 378, 557 P.2d 788 (1976).

  Out-of-state witnesses.  59 H. 319, 582 P.2d 710 (1978).

  Subpoenaed witness who did not testify must have been in actual attendance at trial to be entitled to fees.  59 H. 319, 582 P.2d 710 (1978).

  Expert witness fees are not taxable as costs, absent a statute specifically allowing such an expense.  69 H. 192, 738 P.2d 85 (1987).