TITLE 10

Courts and Judicial Procedure

Fees and Costs

CHAPTER 89. JURORS, WITNESSES AND INTERPRETERS


Repealed by 60 Del. Laws, c. 225, § 1.;

The fees of jurors on an inquest, for the services specified, shall be as listed below:

For joining in an inquisition upon writ or commission of inquiry, each $ .33

Joining in inquisition of death taken by the officer in view of the body 3.00

And 7 cents per mile going and returning.

Attendance upon summons and joining in inquisition in case of landlord vs. tenant, or forcible entry and detainer  3.00

In case of adjournment, each juror attending shall, upon such adjournment, be entitled to the same fee as upon joining in the inquisition, or verdict.

Attendance as witness of the execution of sentence of death, to be paid as fees of jurors attending courts  3.00

Code 1852, § 2812; 26 Del. Laws, c. 70, § 2; Code 1915, § 4869; Code 1935, § 5365; 46 Del. Laws, c. 78, § 2; 10 Del. C. 1953, § 8902; 50 Del. Laws, c. 385, §§ 1, 2.;

(a) The fees of witnesses, for the services specified, shall be as listed below:

For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county governing body, or before a Commissioner, Register in Chancery, or prothonotary, executing a commission or rule for taking depositions, or before either House of the General Assembly, or a committee appointed by either House, each day $2.00, and 3 cents per mile going and returning.

Attendance before a justice of the peace, or before 2 justices, in all cases except as before provided for, 50 cents, and 2 cents per mile going and returning.

A person who has been committed in default of a recognizance to appear as a witness in a criminal case, shall, for the time the person is detained, receive such compensation as the court allows.

(b) The State Treasurer or Department of Finance shall, upon the production of a certificate of attendance under the hand of the prothonotary, pay the fees of witnesses on behalf of the State, or on behalf of a person tried and acquitted, upon a criminal charge in the Superior Court of his or her county.

(c) The prothonotary shall pay to the State Treasurer all fees of witnesses collected under this section as costs to reimburse the State Treasurer for such fees as have been paid in advance to such witnesses by the State Treasurer after the effective date of this subsection.

(d) No government employee shall be entitled to witness fees or mileage if that employee is serving in an official capacity.

Code 1852, §§ 2808-2810; 12 Del. Laws, c. 536; 26 Del. Laws, c. 70, § 2; Code 1915, § 4867; 30 Del. Laws, c. 244; Code 1935, § 5362; 46 Del. Laws, c. 78, § 1; 10 Del. C. 1953, § 8903; 50 Del. Laws, c. 385, § 3; 55 Del. Laws, c. 85, §§ 32V, 32W; 57 Del. Laws, c. 452, §§ 1, 2; 65 Del. Laws, c. 87, § 41; 70 Del. Laws, c. 186, § 1.;

The fees of witnesses in the Court of Common Pleas for Kent County, for the services specified, shall be as listed below:

For each day's attendance $ 1.00

Three cents per mile going and returning.

37 Del. Laws, c. 262, § 9; Code 1935, § 5363; 10 Del. C. 1953, § 8904.;

Where witness fees in any civil action instituted in New Castle County have been taxed and paid as part of the costs, and remain unclaimed for a period of 6 months from the date of payment thereof, the prothonotary shall notify the witness at the witness's last known address by registered mail, return receipt requested, of the fact that the witness fee is being held for the witness, and must be claimed within a period of 6 months from the date of such notice. When any of the witness fees have remained unclaimed for a period of 1 year from the date of payment, the prothonotary shall pay the unclaimed witness fees to the State Treasurer to be deposited to the credit of the general funds of the State. The prothonotary's office may retain 15 percent of such unclaimed witness fees to defray the costs incident to carrying out the provisions of this section.

Code 1935, § 5362A; 48 Del. Laws, c. 227, § 1; 10 Del. C. 1953, § 8905; 57 Del. Laws, c. 228, § 11-34; 70 Del. Laws, c. 186, § 1.;

The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the Court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid.

26 Del. Laws, c. 260; Code 1915, § 4231; Code 1935, § 4706; 10 Del. C. 1953, § 8906; 71 Del. Laws, c. 345, § 1.;

A person who is deaf who is a party to, or a witness in, any legal proceeding shall have a right to a qualified interpreter of deaf sign-language and the court shall appoint such an interpreter to interpret the proceedings to, and the testimony of, a person who is deaf. The fee for an interpreter shall be fixed by the court in its discretion. In criminal actions, fees shall be paid out of funds provided by law or by the government as the court may direct. In civil actions, fees shall be paid out of funds provided by law or by 1 or more of the parties as the court may direct and may be taxed ultimately as costs, in the discretion of the court.

60 Del. Laws, c. 541, § 2; 78 Del. Laws, c. 179, § 26.;