§ 3495. — Fees and expenses of consuls, counsel, interpreters and witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3495]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3495. Fees and expenses of consuls, counsel, interpreters
and witnesses
(a) The consular fees prescribed under section 1201 of Title 22, for
official services in connection with the taking of testimony under
sections 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.
(June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, Sec. 54,
63 Stat. 96.)
Historical and Revision Notes
1948 Act
Based on section 695f of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, Sec. 7, 49 Stat. 1564).
1949 Act
This 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.
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''.
Section Referred to in Other Sections
This section is referred to in sections 3492, 3496 of this title.
