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All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the State. The Municipal Judge or clerk shall issue a subpoena which may be served by any law enforcement officer, the City Attorney or an Assistant City Attorney, the Municipal Judge, or the clerk of the Municipal Court upon the named person. Disobedience may constitute contempt.

Fees and mileage of witnesses shall be $10.00 per day or any part thereof for an appearance and reimbursement per mile actually driven over 10 miles. Said mileage reimbursement rate shall be consistent with the then-current Internal Revenue Service allowed rate. The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, excluding City police officers who are exempt from receiving witness fees pursuant to this provision, except that if an accused person is found not guilty, the City shall pay all such expenses; provided, the Municipal Judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person. (Ord. 20206 § 9, 9-10-19; Ord. 19175 § 2, 10-21-08. Code 1995 § 50-82. Formerly 2.110.450.)

Cross References:City Attorney, TMC 2.20.070; Police Department, TMC 2.20.090.

State Law References:Similar State statute, K.S.A. 12-4411.