Rule 7. Witness Fees

(a) Amount. A witness attending before any court,

referee, master, grand jury or coroner’s jury or upon a

deposition in a discovery proceeding, whose testimony is

necessary and material to the action, shall receive a witness fee

of $12.50 if such attendance, including the time necessarily

occupied in traveling from the witness’ residence to the place

of attendance and returning from that place, requires not more

than three consecutive hours. If such attendance requires more

than three consecutive hours, the witness shall receive a

witness fee of $25.00 for each day of attendance. Any witness

who attends at a point so far removed from the witness’

residence as to necessarily prohibit return thereto from day-to-

day shall receive per diem at the rate allowed for state

employees.

(b) Travel Expense. Every witness who is required to

travel in excess of 30 miles from the witness’ residence is

entitled to receive reimbursement for round-trip travel from the

witness’ residence to the place of court at the rate allowed for

state employees.

(c) Expert Witnesses. Recovery of costs for a witness

called to testify as an expert is limited to the time when the

expert is employed and testifying and shall not exceed $150.00

per hour, except as otherwise provided in these rules. A party

may not recover costs for more than three independent expert

witnesses as to the same issue in any given case, unless the

judge permits recovery for an additional number of expert

witnesses. For purposes of this rule, an independent expert is a

witness who is retained or specially employed to provide

expert testimony in the case or whose duties as an employee of

the party regularly involve giving expert testimony.

r more than three independent expert

witnesses as to the same issue in any given case, unless the

judge permits recovery for an additional number of expert

witnesses. For purposes of this rule, an independent expert is a

witness who is retained or specially employed to provide

expert testimony in the case or whose duties as an employee of

the party regularly involve giving expert testimony.

(d) Payment. Witness fees, travel expense and per diem

shall be paid from the appropriation to the judiciary only for

witnesses called or appointed by the court or in coroner’s

cases. In all other cases, these fees and expenses shall be paid

by the parties, and in civil cases, shall be taxed and collected as

other costs.

(e) Demand of Payment in Advance in Civil Cases.

Witnesses in civil cases, except when subpoenaed by the state,

a municipality, a borough, a city, or an officer or agency

thereof, may demand the payment in advance of their travel

expense and their per diem fee for one day, and when so

demanded shall not be compelled to attend until the allowances

are paid.

(f) Parties and Attorneys as Witnesses. A party to the

action or hearing, if a witness, is entitled to receive the same

witness fees, per diem and travel expense as any other witness.

A person appearing as an attorney for any party to an action or

hearing, who also testifies as a witness therein, is not entitled

to receive any witness fee, per diem or travel expenses.