§ 171.052.Witness Fee

The last of the borrowed court provisions in this subchapter.

The witness fee is the district court fee. One sentence, and no separate schedule to look up.

It applies to both settings. A witness attending a hearing and a witness attending a deposition under this subchapter are paid alike.

The fee accompanies the subpoena power. Section 171.051 compels attendance, and a person compelled to attend is entitled to the statutory fee.

Borrowing keeps the amount current. When the legislature changes the court witness fee, the arbitration fee moves with it.

It also removes an argument. A private tribunal setting its own witness fees would invite disputes with people who are not parties to anything.

Witness fees are part of the cost of the arbitration, which Section 171.055 says is paid as provided in the award unless the agreement says otherwise.

The international chapter borrows this section as well, through Section 172.105(b).

Read with Sections 171.049 through 171.051, the picture is complete: an arbitrator can swear a witness, subpoena a witness, take a deposition, and pay the fee — all on the courts’ terms.