18 U.S.C. § 3495: Fees and expenses of…

Summary

The person who asks for an official commission to take testimony must pay the consular fees and any witness fees. Witnesses covered by section 3493 get daily pay set by section 3496. If the United States requests the commission and hires foreign lawyers or needs interpreters, the U.S. will pay their fees and out-of-pocket expenses after they file a sworn statement with the consular officer and the officer approves. If another party hires foreign counsel, that party must pay and may have those costs allowed the same way. If someone swears before the commission is issued that they cannot afford the fees, the court can order the fees paid as if they were charged to the United States. Funds already set aside to pay witnesses subpoenaed for U.S. criminal cases may be used to pay any fees the United States must cover under these rules.

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