---
kind: "section"
citation: "25 C.F.R. § 11.312"
title: "25"
number: "11.312"
heading: "Witness fees."
url: "https://uscodex.org/cfr/25/11.312"
---

# §11.312. Witness fees.

- (a) Each fact witness answering a subpoena is entitled to a fee of not less than the hourly minimum wage scale established by [29 U.S.C. 206(a)(1)](/usc/29/206.md?p=a-1) and any of its subsequent revisions, plus actual cost of travel. Each fact witness testifying at a hearing shall receive pay for a full day (eight hours) plus travel allowance.
- (b) The Court of Indian Offenses may order any party calling a witness to testify without a subpoena to compensate the witness for actual traveling and living expenses incurred in testifying.
- (c) If the Court of Indian Offenses finds that a complaint was not filed in good faith but with a frivolous or malicious intent, it may order the complainant to reimburse the court for expenditures incurred under this section, and such order may constitute a judgment upon which execution may levy.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.