I have received several fee affidavits for out of county witnesses that were involved in some CPS cases. The affidavits were for travel expenses (mileage and food).

Also, I have received a bill from the ME's office for the ME's testimony in a CPS case.

Should these fees be paid by CPS or the County?

If by the County, do you submit the fees to the Court to be paid out of its budget or is it paid out of the County Attorney's budget.

My District Judge is of the belief that the fees, since it is a civil hearing, should not be paid out of the court's budget.

Any help would be greatly appreciated!

Generally, witnesses are entitled only to $10 per day of attendance at court as a witness fee. Tex. Civ. Prac. & Rem. Code sec. 22.001(a). That entitlement includes travel and disentitles the witness to reimbursement for any claim for mileage. Id. However, the statute contemplates an exception to this rule when the witness is summoned by a state agency. In those circumstances, the witness receives a dollar per day of attendance at court, but is entitled to mileage and reimbursement of meal and lodging expenses. Id. at sec. 22.003(b). Since your witnesses are claiming those expenses, it would appear that reliance is being placed on the provision governing witnesses summoned by a state agency. Either way, the Civil Practice and Remedies Code provides that it is the "party who summons the witness" who must pay the witness's fee. Id. at sec. 22.001(b). Thus, it is CPS, not you, who is responsible for the fee. That is, unless you have a contract with CPS that provides for you (your office or your county) to front litigation expenses. If the latter is true, the answer will depend on how the commissioners court has allocated litigation funds (whether it's a specific line item assigned to your office, it's doled out from the general fund or some other arrangement applies).

What about a bill for service by publication? I have one from the newspaper. Do I ask the Court to pay for it? Or CPS? I don't have any money in my budget to do it.