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United States v. Davis

March 30, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIAM A. DAVIS, DEFENDANT.



The opinion of the court was delivered by: Robert H. Cleland United States District Judge

ORDER GRANTING EX PARTE MOTION FOR PAYMENT OF WITNESS FEES

This matter is before the court upon Defendant's ex parte motion for witness fees at government expense. The court has examined Defendant's motion and the brief in support, but finds nothing either alleging or showing "that the presence of the witness is necessary to an adequate defense" as required by Fed. R. Crim. P. 17(b) upon which the motion relies. The court nonetheless will grant the motion, holding Defendant to that standard, i.e., if the witness is not called, or is later revealed to have been unnecessary to an adequate defense, the cost borne by the Government may be assessed against the Defendant.

IT IS HEREBY ORDERED that, pursuant to Fed. R. Crim. P. 17(b), witness Anthony Plowden be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed on behalf of the government.

20100330

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