HOUSE BILL No. 6068


     September 16, 1998, Introduced by Rep. Middleton and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 2552 (MCL 600.2552), as amended by 1994 PA

   154.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2552.  (1) A witness who attends any action or proceed-

 2    ing pending in a court of record shall be paid a witness fee of

 3    $12.00 for each day and $6.00 for each half day, or may be paid

 4    for his or her loss of working time but not more than $15.00 for

 5    each day shall be taxable as costs as his or her witness fee.  A

 6    witness shall be reimbursed AS PROVIDED IN SUBSECTION (5) for his

 7    or her traveling expenses  at the rate of 10 cents per mile  in

 8    coming to the place of attendance and returning from the place of

 9    attendance, to be estimated from the residence of the witness, if

10    his or her residence is within this state, or from the boundary


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 1    line of this state that the witness passed in coming into this

 2    state, if his or her residence is out of  the  THIS state.

 3         (2) An attorney or counsel in any action or proceeding in

 4    which he or she may be interested as attorney or counsel shall

 5    not be paid any fee for attending as a witness in that action or

 6    proceeding.

 7         (3) A witness who is incarcerated under sentence in a county

 8    jail or a state or federal correctional facility when he or she

 9    attends an action or proceeding shall not be paid a witness fee

10    and shall not be reimbursed for traveling from or returning to

11    the place where he or she is incarcerated.

12         (4) A witness who attends a proceeding before any person

13    authorized to hold inquests on the view of dead bodies, or before

14    any officer, person, or board authorized to take the examination

15    of witnesses, shall be paid a witness fee of $12.00 for each

16    day's attendance and $6.00 for each half day; and shall be reim-

17    bursed AS PROVIDED IN SUBSECTION (5) for his or her traveling

18    expenses in that case  , at the rate of 10 cents per mile  in

19    coming to the place of attendance and returning from the place of

20    attendance, to be estimated from the residence of the witness, if

21    his or her residence is within this state, or from the boundary

22    line of this state that the witness passed in coming into this

23    state, if his or her residence is out of  the  THIS state.

24         (5) BEGINNING ON THE EFFECTIVE DATE OF THE 1998 AMENDATORY

25    ACT THAT AMENDED THIS SECTION, THE PER-MILE RATE OF REIMBURSEMENT

26    OF TRAVELING EXPENSES FOR WITNESSES SHALL BE THE SAME AS THE

27    PER-MILE RATE OF REIMBURSEMENT OF TRAVELING EXPENSES ESTABLISHED



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 1    BY DIRECTIVES OF THE DEPARTMENT OF MANAGEMENT AND BUDGET FOR

 2    STATE OFFICERS AND UNCLASSIFIED EMPLOYEES OF STATE AGENCIES WHILE

 3    ENGAGED IN THE PERFORMANCE OF STATE BUSINESS, PURSUANT TO

 4    SECTION 217 OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL

 5    18.1217.














































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