Witness fee and law enforcement personnel

When a law enforcement officer performs duties as a witness during off-duty time, the officer may receive a witness fee and reimbursement for mileage, meals, and lodging, provided the officer is not otherwise reimbursed by the employer. When a law enforcement officer performs duties as a witness in an official capacity in a criminal case, the officer is regarded as performing normal duties, and consequently the officer may not retain a witness fee. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)