§3495 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Assigns who must pay fees and expenses when testimony is taken abroad under sections 3492–3494 and the consular fees in 22 U.S.C. 1201. The party that asked for the commission must pay consular fees and witness fees. Witnesses under section 3493 get per‑day pay set in section 3496. If the United States asked for the commission, the United States pays foreign counsel and interpreters, reimbursing approved personal and travel costs. If another party asked for the commission, that party pays their chosen foreign counsel. If a party swears they cannot afford these fees before a commission is issued, a court can order the fees paid the same way fees chargeable to the United States are paid. Money already appropriated for witnesses subpoenaed for the United States in criminal cases may be used to cover these costs.

Title 18, §3495

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The consular fees prescribed under section 1201 of Title 22, for official services in connection with the taking of testimony under section 3492–3494 of this title, and the fees of any witness whose testimony is taken shall be paid by the party who applied for the commission pursuant to which such testimony was taken. Every witness under section 3493 of this title shall be entitled to receive, for each day’s attendance, fees prescribed under section 3496 of this title. Every foreign counsel selected pursuant to a commission issued on application of the United States, and every interpreter whose services are required by a consular officer under section 3493 of this title, shall be paid by the United States, such compensation, together with such personal and incidental expense upon verified statements filed with the consular officer, as he may allow. Compensation and expenses of foreign counsel selected pursuant to a commission issued on application of any party other than the United States shall be paid by the party whom such counsel represents and shall be allowed in the same manner.

(b)Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States.

(c)Any appropriation available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

1948 ActBased on section 695f of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 7, 49 Stat. 1564). 1949 ActThis section [section 54] corrects the reference in the first sentence of section 3495(a) of title 18, U.S.C., because the provisions which were formerly set out as section 127 of title 22, U.S.C., are now set out as section 1201 of such title.

Editorial Notes

References in Text

Section 1201 of Title 22, referred to in subsec. (a), was transferred to section 4219 of Title 22, Foreign Relations and Intercourse.

Amendments

1949—Subsec. (a). Act May 24, 1949, substituted “section 1201” for “section 127”.

§3495 Fees and expenses of consuls, counsel, interpreters and witnesses