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Volume 79 · 619

Public Law 89–162

To amend section 1825 of title 28 of the United States Code to authorize the payment of witness’ fees in habeas corpus cases and in proceedings to vacate sentence under section 2255 of title 28 for persons who are authorized to proceed in forma pauperis.

Approved September 2, 1965

Statutory text

AN ACT

To amend section 1825 of title 28 of the United States Code to authorize the payment of witness’ fees in habeas corpus cases and in proceedings to vacate sentence under section 2255 of title 28 for persons who are authorized to proceed in forma pauperis.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1825 of title 28, United States Code, is amended by adding after the first paragraph of the section the following paragraph:

“In all proceedings, in forma pauperis, for a writ of habeas corpus or in proceedings under section 2255 of this title, the United States marshal for the district shall pay all fees of witnesses for the party authorized to proceed in forma pauperis, on the certificate of the district judge.”

And the last paragraph of section 1825 is amended to read as follows:

“Fees and mileage need not be tendered to the witness upon service of a subpena issued in behalf of the United States or an officer or agency thereof, or upon service of a subpena issued on behalf of a party, authorized to proceed in forma pauperis, where the payment thereof is to be made by the United States marshal as authorized in this section.”

Approved September 2, 1965.

Parsed from the official Statutes at Large USLM XML in 79.xml