Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I understand this to be a criminal matter.
1) For the prosecutor, this is handled under Texas Code of Criminal Procedure - Article 35.27
. One can see this here
. The state may reimburse the witness for their travel if the witness lives outside the county/state.
2) For the Defendant, this is dealt with under Texas Code of Criminal Procedure - Chapter 24 (Subpoena And Attachment)
's Sec. 5. The Court has the final say in "proper financial reimbursement" for the witness. The witness has to request this of the Judge, and the Judge may order the Defendant to reimburse the witness. This is of course assuming the Defendant has not pre-paid the witness to testify.
Payment for witnesses to testify is not illicit and occurs on both sides. However, upon crossing the witness, either party may impeach their credibility by asking if they have been paid, how much, and whether or not this taints their testimony. The final decision is up to the jury to decide whether or not the witness was being truthful.Specifically, is it legal to subpoena a medical examiner for a criminal trial and refuse to pay that expert for their time?
Technically, not really. A witness may request reimbursement
from Defendant by asking the Court to order the Defendant to pay:
"Sec. 5. An order to a witness and to a person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness. The order may prescribe any other condition the judge thinks proper or necessary."
However, this is up to the Judge. And the onus is on the witness to make this request to the Court.
Finally, a Defendant who cannot afford an expert witness but must have them for their defense can ask the Court to pay the witness FOR THEM. However, this must be arranged ahead of time.
I hope this helps and clarifies. Good luck.
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