Federal and State Subpoena Witness Fee Guide

What is a Witness Fee? 

Witness fees are minimal monetary amounts paid to witnesses for their time in appearing in court and may also include an amount for travel expenses. Witness fees are governed by local court and state laws, which vary by jurisdiction.

Our expert staff can help you calculate the witness fee for a subpoena, advance it on your behalf have it served right away. Call or email to have a subpoena served today! 

 

What is the Witness Fee for a Federal Subpoena?

 

The attendance fee for Federal subpoenas is governed by and described in 28 USC 1821. Witness fees are $40.00 per day and $.57½ per mile, round trip from the witness’ residence to where they must appear. The subpoena must accompany the attendance fee, otherwise the service is invalid.

We Serve Law LLC can calculate and advance the witness fees when we serve your federal subpoenas in order to simplify and expedite the process. 

What is the Witness Fee for a State Subpoena?  

Each state has its own rules and regulations regarding witness fees. Below is a list of the general witness fee in state cases: 

Alabama: $1.50 per day and 5 cents per mile. AL Code § 12-19-131 (2014).
Alaska: $12.50 for under 3 hours of the witness’s time, including travel time; $25 per day for more than 3 hours of time; and mileage paid at the same rates for state employees if traveling more than 30 miles. AS 24.25.050.
Arizona: $12 per day including travel time, and 20 cents per mile one way. A.R.S. § 12-303.
Arkansas: $30 per day and 25 cents per mile. Ark. R. Civ. P. 45(e).
California: $35 plus 20 cents per mile round trip, from the witness’s residence to the appearance location. Cal. Gov. Code § 68093. Records only, $15. Cal. Evid. Code 1563(b)(6).
Colorado: $40 per day plus 58 cents per mile round trip. § 13-33-102 C.R.S.
Connecticut: 50 cents per day plus mileage paid at the same rates for state employees. General Statutes § 52-260.
Delaware: $2 per day plus round-trip mileage of 3 cents per mile. 70 Del. Laws § 8903.
Florida: $5 plus 6 cents per mile. If the witness lives in the county where they are ordered to appear, the flat fee is $7.50. Fla. Stat. § 92.142.
Georgia: $25 per day plus 45 cents per mile round trip. OCGA § 24-13-25.
Hawaii: $4 per day plus 20 cents per mile round trip. HRS § 607-12.
Idaho: $20 per day plus 30 cents per mile one way. IRFLP 901.
Illinois: $20 per day plus 20 cents per mile round trip. 705 ILCS 35/4.3.
Indiana: Criminal cases – $5 per day or $15 per day if subpoenaed under IC 35-37-5-4 and mileage at the same rate as state employees; Other actions – $5 per day plus mileage at the same rate as state employees; School employees subpoenaed to testify – $100 per day plus mileage as paid to state employees. I.C. § 33-37-10-2 – 33-37-10-3.5.
Iowa: $10 per day for full day’s appearance and $5 for appearances of less than a full day, plus mileage as established by the state supreme court. Iowa Code § 622.69.
Kansas: $10 per day plus mileage set by the state if more than 1 mile. K.S.A. § 28-125.
Kentucky: Fees not required.
Louisiana: $25 per day, $5 per day for hotel and meals. LA Rev Stat § 13:3661.
Maine: $10 per day and 22 cents per mile round trip. 16 M.R.S. § 251.
Maryland: No witness fee or mileage is required for fact witnesses.
Massachusetts: $6 per day plus 10 cents per mile round trip. G. L. c. 262 § 29.
Michigan: $12 per day for full day, $6 per day for a half day, plus mileage paid at the same rate as state employees. MCR 2.506(G)(1).
Minnesota: $20 per day plus 28 cents per mile round trip. Minn. Stat. § 357.22.
Mississippi: Witness fees and mileage rates are set by the Board of Supervisors in each individual county, so rates vary.
Missouri: $25 per day plus mileage paid at the same rate as state employees. § 491.280 RSMo.
Montana: $10 per day plus 17 cents per mile round trip. § 24.11.336, MCA.
Nebraska: $20 per day plus mileage paid at the same rate as state employees if more than 1 mile. Neb. Rev. Stat. Ann. § 33-139.
Nevada: $25 plus mileage paid at the same rate as state employees. NRS 50.255.
New Hampshire: $30 for a police officer, $24 for everyone else. RSA 516.16.
New Jersey: $2 per day plus $2 for every 30 miles of travel. N.J.S.A. § 22A:1-4.
New Mexico: $95 per day. NMSA 1978 § 10-8-4.
New York: $15 per day plus 23 cents per mile round trip. NY CPLR § 8001.
North Carolina: $5 per day plus mileage paid at the same rate as state employees. N.C.G.S. § 7A-314.
North Dakota: $25 per day plus mileage paid at the same rate as state employees. N.D.C.C. § 31-01-16.
Ohio: $12 for full days and $6 for half days, plus 10 cents per mile round trip. R.C. 2335.06.
Oklahoma: $10 per day plus mileage paid at the same rate as state employees. 28A O.S. § 28-81.
Oregon: $30 per day plus 25 cents per mile. ORS 44.415.
Pennsylvania: $5 per day plus 7 cents per mile round trip. 42 Pa.C.S. § d5903.
Rhode Island: $10 per day plus 10 cents per mile round trip. G.L. 2013 § 9-29-7.
South Carolina: $25 per day plus mileage paid at the same rate as state employees. S.C. R. Civ. P. 45(b)(1).
South Dakota: $20 per day plus mileage paid at the same rate as state employees. SDCL § 19-5-1.
Tennessee: Court appearances – $1 per day plus 4 cents per mile for distances greater than 10 miles; Subpoenas in civil cases – $30 per day plus mileage paid at the same rate as state employees if greater than 10 miles. T.C.A. § 24-4-101.
Texas: $10 per day. TEX. CIV. PRAC. & REM. CODE § 22.001.
Utah: $18.50 for the first day, $49 per day for each subsequent day, plus $1 for each 4 miles over 50 miles. Utah Code Ann. § 78B-1-119.
Vermont: $30 per day plus mileage paid at the same rate as state employees. 32 V.S.A. § 1551.
Virginia: Mileage paid at the same rate as state employees. Code § 2.2-2823.
Washington: $10-$25 per day, depending on the county. RCW 2.40.010.
West Virginia: $10 per day plus 10 cents per mile round trip. W. Va. Code Ann. § 33-2-5.
Wisconsin: $16 per day plus 20 cents per mile round trip. Wis. Stat. § 814.67.
Wyoming: $30 per day, $15 for half days plus 23 cents per mile. U. R. D. C. 501(a)(3)(B)(i).
As always, if you’re serving a subpoena to a witness in a state you’ve never served to before, check with the local jurisdiction for the most updated rules and regulations.

 

Why is it important to include a Witness Fee with a Subpoena?

A witness under subpoena who is not properly served with a witness fee has no duty or obligation to honor that subpoena. A subpoena without a witness fee has not been properly served. Therefore, if you want your witnesses properly served and appearing in court, you must pay them the required witness fee by law.

Disclaimer

Due to the rapidly changing nature of the law, there may be times when the material on this page is not current. We have made every effort to provide a complete and accurate list of rules governing the service of process in New Jersey. However, that we cannot guarantee the current accuracy of the above listed content, it is provided for general information purposes only and is not intended as legal advice. We assume no liability whatsoever and will not be held responsible directly or indirectly for any damages resulting from any errors, omissions, inaccuracies or your reliance on this partial list of rules.

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