Subpoenas and witness fees - 25 Pa. Cons. Stat. § 1601

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                                CHAPTER 16
                COMMISSION PROCEEDINGS AND JUDICIAL REVIEW

     Sec.
     1601.  Subpoenas and witness fees.
     1602.  Court of common pleas.
     1603.  Commission duties.

        Enactment.  Chapter 16 was added January 31, 2002, P.L.18,
     No.3, effective in 45 days.
     § 1601.  Subpoenas and witness fees.
        (a)  Authorization.--A commission may issue a subpoena.
        (b)  Form and effect.--A subpoena under subsection (a) shall
     be in substantially the same form and have the same force and
     effect as a subpoena issued by a court of common pleas. The
     commission shall have the benefit of the process of the
     appropriate court of common pleas if necessary to enforce a
     subpoena.
        (c)  Benefit.--A subpoena may be issued as follows:
            (1)  Upon the motion of a commission.
            (2)  Upon motion of a party before a commission. A
        subpoena under this paragraph is only valid for one day. It
        must be renewed by 4 p.m. for the next day.
        (d)  Fees.--
            (1)  Witnesses subpoenaed under this section shall be
        compensated under 42 Pa.C.S. § 5903 (relating to compensation
        and expenses of witnesses).
            (2)  Witnesses subpoenaed under subsection (c)(1) shall
        be paid by commission funds.
            (3)  Witnesses subpoenaed under subsection (c)(2) shall
        be paid by the party. No subpoena shall be issued under
        subsection (c)(2) until the party pays the commission a fee
        of $10 for issuing the same and deposits with the commission
        one day's witness fees for each witness to be summoned.
            (4)  As soon as convenient after a hearing is concluded
        or continued, the commission shall pay witnesses under
        paragraphs (2) and (3). Unearned fees deposited under
        paragraph (3) shall be refunded to the depositing party.
            (5)  If the petition of the elector is sustained, the
        commission shall pay to the elector all costs paid on the
        elector's behalf.
        (e)  Commission funds.--A commission shall pay over to the
     county treasurer fees received under subsection (d)(3). The
     accounts of the commission respecting payments under subsection
     (d)(2) shall be subject to audit by the county controller.

        Cross References.  Section 1601 is referred to in section
     1203 of this title.

Last modified: November 27, 2007