No party plaintiff or defendant shall be liable for the costs of any witness of the adverse party unless the witness is subpoenaed, sworn, and examined on the trial of the case or unless the plaintiff voluntarily dismisses his case before trial. No party shall be liable for the costs of more than two witnesses to the same point unless the court certifies that the question at issue was of such a character as rendered a greater number of witnesses necessary.
(Laws 1799, Cobb's 1851 Digest, p. 277; Code 1863, § 3608; Code 1868, § 3632; Code 1873, § 3682; Code 1882, § 3682; Civil Code 1895, § 5392; Civil Code 1910, § 5990; Code 1933, § 24-3408.)
RESEARCH REFERENCES
ALR.
- Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.
Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.
Right of witness detained in custody for future appearance to fees for such detention, 50 A.L.R.2d 1439.
Allowance, as taxable costs, of witness fees and mileage of stockholders, directors, officers, and employees of corporate litigant, 57 A.L.R.2d 1243.
Allowance of mileage or witness fees with respect to witnesses who were not called to testify or not permitted to do so when called, 22 A.L.R.3d 675.