Federal Subpoena Witness Fee Structure:
Federal guidelines have been established to ascertain the compensation amount for witnesses:
Attendance Fee: Witnesses are entitled to an attendance fee of $40 per day. This also encompasses the days allocated for traveling to and from the legal proceedings.
Travel Allowance: This allowance is calculated based on the government's per diem rates. It encompasses costs related to lodging, meals, and incidental expenses incurred during the travel.
Mileage Compensation: When witnesses opt to use their personal vehicles for transportation, they are entitled to a compensation rate of 57.5 cents per mile. This amount is computed for a round trip, ensuring complete coverage of the travel expenses.
United States of America Federal Subpoena | $40 per day, encompassing travel days. Additionally witnesses are compensated for mileage at a rate of 57.5 cents per mile, calculated for a round trip.
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State-Level Witness Fees: An Overview:
State-level witness fees exhibit significant diversity, reflecting the unique legal and financial landscapes of each state. Here are some key aspects to consider:
Variability: Unlike the uniform federal guidelines, each state sets its parameters regarding witness fees. This can range from a flat daily rate to more nuanced calculations, including distance traveled or the nature of the witness testimony.
Components: State-level fees are often designed to cover a gamut of costs — from the witness's time to travel expenses, and in some cases, even accommodation.
Significance: These fees are not mere formalities. They play a pivotal role in ensuring that witnesses, especially those who might be traveling from afar or taking time off work, are not financially burdened due to their participation in the legal process.
Alabama | Daily fee of $1.50, plus $0.05 per mile (AL Code § 12-19-131, 2014). |
Alaska | $12.50 for under three hours, $25 for over, with mileage same as state employees (AS 24.25.050). |
Arizona | $12 per day, including travel, plus $0.20 per mile (A.R.S. § 12-303). |
Arkansas | Daily fee of $30, plus $0.25 per mile (Ark. R. Civ. P. 45(e)). |
California | $35 plus $0.20 per mile round trip. $15 for records only (Cal. Gov. Code § 68093, Cal. Evid. Code 1563(b)(6)). |
Connecticut | Daily fee of $0.50, plus state employee rate for mileage (General Statutes § 52-260). |
Delaware | Daily fee of $2, plus $0.03 per mile round trip (70 Del. Laws § 8903). |
Florida | $5 plus $0.06 per mile; $7.50 flat fee for in-county witnesses (Fla. Stat. § 92.142). |
Georgia | Daily fee of $25, plus $0.45 per mile round trip (OCGA § 24-13-25). |
Hawaii | $4 per day, plus $0.20 per mile round trip (HRS § 607-12). |
Idaho | $20 per day, plus $0.30 per mile one way (IRFLP 901). |
Illinois | $20 per day, plus $0.20 per mile round trip (705 ILCS 35/4.3). |
Indiana | $5 or $15 per day depending on case type, plus state employee rate for mileage (I.C. § 33-37-10-2 – 33-37-10-3.5). |
Iowa | $10 full day, $5 half day, plus supreme court-established mileage rate (Iowa Code § 622.69). |
Kansas | $10 per day, plus state-set mileage if over 1 mile (K.S.A. § 28-125). |
Kentucky | No fees required. |
Louisiana | $25 per day, plus $5 per day for hotel and meals (LA Rev Stat § 13:3661). |
Maine | $10 per day, plus $0.22 per mile round trip (16 M.R.S. § 251). |
Maryland | No witness fee or mileage for fact witnesses. |
Massachusetts | $6 per day plus $0.10 per mile round trip (G. L. c. 262 § 29). |
Michigan | $12 per day (full day), $6 per day (half day), plus mileage at the same rate as state employees (MCR 2.506(G)(1)). |
Minnesota | $20 per day plus $0.28 per mile round trip (Minn. Stat. § 357.22). |
Mississippi | Witness fees and mileage rates vary as they're set by the Board of Supervisors in each individual county. |
Missouri | $25 per day plus mileage paid at the same rate as state employees (§ 491.280 RSMo). |
Montana |
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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 $0.23 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 $0.10 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 $0.25 per mile (ORS 44.415). |
Pennsylvania | $5 per day plus $0.07 per mile round trip (42 Pa.C.S. § d5903). |
Rhode Island | $10 per day plus $0.10 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 | $1 per day plus $0.04 per mile for distances greater than 10 miles; $30 per day plus mileage paid at the same rate as state employees if greater than 10 miles in civil cases (T.C.A. § 24-4-101). |
Texas | Flat fee of $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 $0.10 per mile round trip (W. Va. Code Ann. § 33-2-5). |
Wisconsin | $16 per day plus $0.20 per mile round trip (Wis. Stat. § 814.67). |
Wyoming | $30 per day, $15 for half days plus $0.23 per mile (U. R. D. C. 501(a)(3)(B)(i)). |
Conclusion:
Whether you're a legal practitioner preparing to call a witness or someone summoned to testify, understanding the financial aspects of the process is crucial. This guide aims to shed light on the compensation structure, helping you navigate the subpoena process with clarity.