W.R.Cr.P. 17

(a) For attendance of witnesses; form; issuance. — Upon the filing of a

precipe therefor, a subpoena shall be issued by the clerk under the seal of the

court. It shall state the name of the court and the title, if any, of the proceeding,

and shall command each person to whom it is directed to attend and give

testimony at the time and place specified therein. The clerk shall issue a

subpoena, signed and sealed but otherwise in blank to a party requesting it,

who shall fill in the blanks before it is served.

(b) Applicability of other provisions. — Except as otherwise provided, the

provisions of the Wyoming Rules of Civil Procedure, the Wyoming Rules of

Evidence and the Wyoming Statutes, relative to or compelling the attendance

and testimony of witnesses, their examination and the administering of oaths

and affirmations, and proceedings for contempt, to enforce the remedies and

protect the rights of the parties, shall extend to criminal cases, so far as they

are in their nature applicable.

(c) Allowable fees and expenses. —

(1) Non-expert Fees. — In addition to actual costs of travel, meals and

lodging each non-expert witness shall be paid a witness fee of $30.00 for each

full day and $15.00 for each half day necessarily spent traveling to and from

the proceeding and in attendance at the proceeding.

(2) Expert Fees. — In addition to actual costs of travel, meals and lodging

each expert witness employed by appointed counsel other than the public

defender shall be allowed a fee approved by the court before the subpoena is

issued.

(d) For production of documentary evidence and of objects. — A subpoena

may also command the person to whom it is directed to produce the books,

papers, documents or other objects designated therein. The court on motion

made promptly may quash or modify the subpoena if compliance would be

unreasonable or oppressive. The court may direct that books, papers, documents or other objects designated in the subpoena be produced before the court

at a time prior to the trial or prior to the time when they are to be offered in

evidence and may upon their production permit the books, papers, documents,

objects, and portions thereof, to be inspected by the parties and their attorneys.

(e) Service. — A subpoena may be served by the sheriff, or by any other

person, over the age of 19 years, not a party to the action, appointed for such

purpose by the clerk. Service of a subpoena shall be made by delivering a copy

thereof to the person named and by tendering to that person the fee for

one-day’s attendance and the mileage allowed by law. Fees and mileage need

not be tendered to the witness upon service of a subpoena issued in behalf of

the state or an indigent defendant.

(f) Place of service. — A subpoena requiring the appearance of a witness at

a hearing or trial may be served at any place within the jurisdiction of the

State of Wyoming.

(g) Contempt. — Failure by any person without adequate excuse to obey a

subpoena served upon that person may be deemed a contempt of the court from

which the subpoena issued.

(h) Information not subject to subpoena. — Statements made by witnesses or

prospective witnesses may not be subpoenaed from the state or the defendant

under this rule, but shall be subject to production only in accordance with the

provision of Rule 26.2.

(i) Inability to pay fees and expenses. — Upon an ex parte application of a

defendant and a satisfactory showing that the defendant is financially unable

to pay the fees of the witness and that the presence of the witness is necessary

to an adequate defense, the court shall order that a subpoena be issued for

service on a named witness and that the fees and expenses incurred therefor

be paid by the public defender’s office. If the court orders the subpoena to be

issued at public expense for the actual costs incurred by the witness for travel,

meals and lodging shall be paid by the public defender’s office, but such costs

may not exceed the amounts authorized for state employees in W.S. 9-3-103

and 9-3-104.