[Taxing costs of additional witnesses; certificate of court required.]

  1. Law
  2. New Mexico Statutes
  3. Judgments, Costs, Appeals
  4. Attorneys' Fees and Costs
  5. [Taxing costs of additional witnesses; certificate of court required.]

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It shall not be legal in any civil suit for the clerk of any district court to tax in favor of the prevailing party the costs of more than four witnesses, unless the court shall certify upon the record that the attendance of more than four witnesses was necessary in the case.

History: Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 16; C.L. 1884, § 2209; C.L. 1897, § 3155; Code 1915, § 4286; C.S. 1929, § 105-1305; 1941 Comp., § 29-109; 1953 Comp., § 25-1-9.

ANNOTATIONS

Stating grounds for denial of witness fees not required. — Trial court is not required to state grounds for denying motion for certificate allowing fees and expenses of more than four witnesses. Frank A. Hubbell Co. v. Curtis, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163.

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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