Section 12-19-134

Published: 2015

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Section 12-19-134

Section 12-19-134Taxation and collection of amount proved; limitation on number of witnesses to prove any one matter.

(a) Upon the final disposition of any civil case, the amount proved by the witnesses, as provided in this article, must be taxed in the bill of costs against the rightful party, setting forth the name of each witness and the amount allowed him, which must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon, is produced to the sheriff.

(b) Not more than two witnesses shall be taxed in any bill of costs who were called to prove any one matter of fact or, having been subpoenaed, were not examined unless the court, upon a motion to retax the costs, should, in its discretion, consider that the circumstances of the case warranted the examining or summoning of more than two witnesses for the proof of a particular fact or unless such witnesses were summoned or examined to assail or defend the reputation of a witness for veracity or to assail or to establish the character of a party when character is put in issue.

(Code 1852, §§2387, 2392; Code 1867, §§2792, 2797; Code 1876, §§3140, 3144; Code 1886, §§2849, 2853; Code 1896, §§1340, 1342; Code 1907, §§3677, 3679; Code 1923, §§7237, 7239; Code 1940, T. 11, §§48, 50.)