A federal subpoena carries a witness fee of $40 a day plus mileage at 76 cents a mile, paid with the subpoena. State fees run from $0.50 a day in Connecticut to $95 in New Mexico, and 6 jurisdictions set no daily fee at all. The fee that applies is the one where the witness is served.
All 50 states, D.C., Puerto Rico, the U.S. Virgin Islands and federal court, each read in the official statute or court rule.
Served inFederal Court
Days1
Miles, one way20
Witness Fee Tender
Date day of service
Pay to the order of
The Witness
$70.40
Seventy and 40/100 dollars
Memo 28 U.S.C. § 1821(b)
Party or attorney issuing the subpoena
54 of 54
| Jurisdiction | Daily fee | Mileage | When paid | Law |
|---|---|---|---|---|
| Federal Court | $40 per day | 76 cents a mile, going and returning | With the subpoena, at service | 28 U.S.C. § 1821(b) |
| Alabama | $1.50 per day | 5 cents a mile, going and returning | With the subpoena, at service | Ala. Code § 12-19-131(a) |
| Alaska | $12.50 for up to 3 hours; $25 per day over 3 hours | 76 cents a mile, going and returning, only on trips over 30 miles | With the subpoena, at service | Alaska Admin. R. 7(a) |
| Arizona | $12 per day | 20 cents a mile, one way | With the subpoena, at service | A.R.S. § 12-303 |
| Arkansas | $30 per day | 25 cents a mile, one way | With the subpoena, at service | Ark. R. Civ. P. 45(d), (e) |
| California | $35 per day | 20 cents a mile, going and returning | With the subpoena, at service | Cal. Gov. Code § 68093; Cal. Code Civ. Proc. § 1986.5 |
| Colorado | None (repealed in 2010) | 68 cents a mile, going and returning | Before the witness attends | C.R.S. § 13-33-102 |
| Connecticut | 50 cents per day | 76 cents a mile, to the place of trial | On the day the witness attends | Conn. Gen. Stat. § 52-260(a) |
| Delaware | $2 per day | 3 cents a mile, going and returning | No time set in the statute | 10 Del. C. § 8903(a) |
| District of Columbia | $40 per day | 76 cents a mile, going and returning, none for D.C. residents | With the subpoena, at service | D.C. Code § 15-714(a), (b); D.C. Super. Ct. Crim. R. 113(a)(1)(A) |
| Florida | $5 per day | 6 cents a mile, going and returning | No time set in the statute | Fla. Stat. § 92.142(1) |
| Georgia | $25 per day | 45 cents a mile, going and returning, witnesses from another county only | With the subpoena, at service | O.C.G.A. § 24-13-25 |
| Hawaii | $30 per day ($36 if coming from another island) | 76 cents a mile, for each mile traveled | With the subpoena, at service | HRS § 607-12(a)(1), (b)(1) |
| Idaho | $20 per day | 30 cents a mile, one way | When the witness asks for it | Idaho Code § 9-1601; I.R.C.P. 45(h), 54(d)(1)(C)(iii) |
| Illinois | $20 per day | 20 cents a mile, going and returning | With the subpoena, at service | 705 ILCS 35/4.3(a) |
| Indiana | $5 per day | 64 cents a mile, going and returning | With the subpoena, at service | IC 33-37-10-3; IC 33-37-10-3.5; IC 33-37-10-2 |
| Iowa | $10 per full day, $5 for less than a full day | 50 cents a mile, going and returning | When the witness asks for it | Iowa Code § 622.69(1) |
| Kansas | $10 per day | 72.5 cents a mile, going and returning, only on trips over 1 mile | With the subpoena, at service | K.S.A. 28-125(a)(1), (c) |
| Kentucky | None set by statute | 49 cents a mile, going and returning, witnesses from another county only | No time set in the statute | KRS 421.015 |
| Louisiana | $50 per day | 76 cents a mile, going and returning | Deposited with the clerk | La. R.S. 13:3661(B); La. R.S. 13:3663(A) |
| Maine | $10 per day | 22 cents a mile, going and returning | With the subpoena, at service | 16 M.R.S. § 251 |
| Maryland | None set by statute or rule | No mileage in the law | No time set in the statute | 2005 Md. Laws ch. 192 (HB 49), repealing Md. Code, Cts. & Jud. Proc. § 9-202 |
| Massachusetts | $6 per day | 10 cents a mile, going and returning | With the subpoena, at service | M.G.L. c. 262, § 29 |
| Michigan | $12 per day ($6 per half day) | 76 cents a mile, going and returning, at the higher of the two state officer rates (57 or 76 cents); the law does not say which | With the subpoena, at service | MCL 600.2552(1), (4) |
| Minnesota | $20 per day | 28 cents a mile, going and returning | With the subpoena, at service | Minn. Stat. § 357.22(1) |
| Mississippi | $25 to $40 per day (the county juror rate) | 76 cents a mile, going and returning | With the subpoena, at service | Miss. Code Ann. § 25-7-47; § 25-7-61(1)(a), (c) |
| Missouri | $25 per day | 70 cents a mile, going and returning | With the subpoena, at service | § 491.280.1 RSMo |
| Montana | $10 per day | 76 cents a mile, going and returning | With the subpoena, at service | MCA 26-2-501(1)(a); 26-2-502; 26-2-505 |
| Nebraska | $20 per day ($8 in small claims court) | 76 cents a mile, for each mile necessarily traveled, only on trips over 1 mile | With the subpoena, at service | Neb. Rev. Stat. § 33-139 |
| Nevada | $25 per day, including Sundays and holidays | 76 cents a mile, going and returning | With the subpoena, at service | NRS 50.225(1)(a) |
| New Hampshire | None (the fee statute was repealed in 2019) | No mileage in the law | With the subpoena, at service | RSA 516:16 (repealed); Laws 2019, ch. 346 |
| New Jersey | $2 per day | $2.00 per 30 miles, going and returning, witnesses from another county only | With the subpoena, at service | N.J.S.A. 22A:1-4 |
| New Mexico | $95 per day (the full per diem must be tendered) | 70 cents a mile, for each mile traveled | With the subpoena, at service | Rule 1-045(B)(2)(b) NMRA; NMSA 1978, § 10-8-4(A)(1)-(2) |
| New York | $15 per day, plus $3 for a nonparty at a deposition | 23 cents a mile, going and returning | With the subpoena, at service | CPLR 8001(a), (b) |
| North Carolina | $5 per day or fraction of a day | 76 cents a mile, going and returning, witnesses from another county only | No time set in the statute | N.C. Gen. Stat. § 7A-314(a), (a1) |
| North Dakota | $25 per day | 76 cents a mile, for each mile traveled | With the subpoena, at service | N.D.C.C. § 31-01-16(1)(a); § 31-01-16.2 |
| Ohio | $12 per full day; $6 per half day | 50.5 cents a mile, going and returning, at the county rate (this is the cap) | When the witness asks for it | R.C. 2335.06(A)(1), (B) |
| Oklahoma | $10 per day | 76 cents a mile, going and returning, none under 1.5 miles traveled | With the subpoena, at service | 28 O.S. § 81(A)(3) |
| Oregon | $30 per day (civil); $5 per day in criminal or public-body cases | 25 cents a mile, for each mile traveled | With the subpoena, at service | ORS 44.415(1), (2) |
| Pennsylvania | $5 per day | 7 cents a mile, going and returning | When the witness asks for it | 42 Pa.C.S. § 5903(a), (b), (g) |
| Puerto Rico | No per-day attendance fee in civil cases; meal allowances (dietas) instead | 30 cents a mile, for each mile traveled, none under 3 miles traveled | With the subpoena, at service | Reglamento para Fijar Gastos de Viaje, Dietas y Alojamiento para Testigos en los Casos Civiles, Arts. V(A), IX(C) |
| Rhode Island | $10 per day | 10 cents a mile, for each mile of travel | With the subpoena, at service | R.I. Gen. Laws § 9-29-7(a)(1) |
| South Carolina | $25 per day | 76 cents a mile, from the residence to the place commanded | On the day the witness attends | SCRCP 45(b)(1) |
| South Dakota | $20 per day | 76 cents a mile, for each mile traveled | With the subpoena, at service | SDCL § 19-5-1 |
| Tennessee | $30 per day (courts of record, civil), on request to the clerk | 76 cents a mile, going and returning, only on trips over 10 miles | When the witness asks for it | Tenn. Code Ann. § 24-4-101(b) |
| Texas | $10 per day; no separate mileage | No mileage, the $10 fee includes travel | With the subpoena, at service | Tex. Civ. Prac. & Rem. Code § 22.001(a) |
| U.S. Virgin Islands | $4 per day | Actual travel expenses, not a per-mile rate | No time set in the statute | 5 V.I.C. § 660 |
| Utah | $18.50 for the first day, then $49 per day | $1.00 per 4 miles, one way, only past 50 miles | With the subpoena, at service | Utah Code § 78B-1-119(1)(a) |
| Vermont | $30 per day | 76 cents a mile, for travel in the state | With the subpoena, at service | 32 V.S.A. § 1551(1) |
| Virginia | No attendance fee for a civil witness; mileage and tolls only | 76 cents a mile, daily, at the state rate | No time set in the statute | Va. Code § 17.1-612 |
| Washington | $10 to $25 per day (the county juror rate) | 76 cents a mile, at the state rate | When the witness asks for it | RCW 2.40.010; RCW 2.36.150 |
| West Virginia | $10 to $20 per day, as fixed by the court | 15 cents a mile, going and returning | When the witness asks for it | W. Va. Code § 59-1-16 |
| Wisconsin | $16 per day through Oct. 31, 2026; $55 from Nov. 1, 2026 | 20 cents a mile, going and returning (through oct. 31, 2026) | With the subpoena, at service | Wis. Stat. § 814.67(1)(am), (b)1., (a)1.; 2025 Wis. Act 179, §§ 48-51, 85 |
| Wyoming | At least $10 per day, $5 per half day | 76 cents a mile, going and returning | With the subpoena, at service | Wyo. Stat. § 1-14-102(a)(i) |
No state matches that search.
Witness fees and mileage rates change. The figures here were checked against the official statutes and court rules when this page was published, and it remains your responsibility to confirm the current fee before serving a subpoena. This page is general information, not legal advice.
The same witness drives 25 miles to a deposition and 25 miles home. Here is what six jurisdictions pay for that drive, each by its own rule. Some count both directions, some one, some pay only past a threshold, and some pay nothing for travel at all.
Federal CourtGoing and returning
50 miles counted$38.00
ArkansasOne way only
25 miles counted$6.25
AlaskaOnly when the trip is over 30 miles
0 miles counted$0.00
New JerseyIn blocks of 30 miles, for a witness from another county
50 miles counted$2.00
KentuckyGoing and returning, for a witness from another county
50 miles counted$24.50
TexasNo mileage, the $10 fee includes travel
0 miles counted$0.00
Federal court ties the fee to service, and many states follow that rule. Others collect it before the subpoena issues, pay it on the day of attendance, or owe it only when the witness asks. Where the witness is served decides which applies.
Deposited with the clerk, who pays the witness.
1 jurisdiction
Handed over with the subpoena.
35 jurisdictions
Every other jurisdiction in the table, including federal court.
Paid ahead of the day the witness appears.
1 jurisdiction
Paid when the witness appears.
2 jurisdictions
Owed when the witness asks for it.
7 jurisdictions
The statute fixes the amount but not the moment.
7 jurisdictions
What each jurisdiction pays, how it counts mileage, when the fee is due, whether a records-only subpoena needs one, and the official text it was read in.
Paid for each day of attendance and also for the time spent going to and returning from the place of attendance. The same rule covers depositions taken under a federal rule or order.
Mileage 76 cents a mile, going and returningPaid With the subpoena, at serviceRecords only No fee for records only
28 U.S.C. § 1821(b). Read at U.S. Government Publishing Office, Cornell LII, U.S. General Services Administration.
Civil cases in circuit and district court; the same fees apply in probate court (except mental-illness inquisitions, $0.75 per day). A witness charges only one side of a case and only one case when attending several at once.
Mileage 5 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Not addressed in the statute
Ala. Code § 12-19-131(a). Read at Alabama Legislature, Alabama Judicial System.
$12.50 when the attendance, counting travel time to and from the witness’s residence, takes no more than three consecutive hours; $25 for each day when it takes longer. Applies to court, grand jury and discovery depositions. A witness too far from home to return each day also gets per diem at the state-employee rate.
Mileage 76 cents a mile, going and returning, only on trips over 30 milesPaid With the subpoena, at serviceRecords only Reasonable copying costs
Alaska Admin. R. 7(a). Read at Alaska Court System, State of Alaska.
Paid to a material witness at the trial of a civil action for each day from leaving home through discharge. The statute speaks only of trial attendance.
Mileage 20 cents a mile, one wayPaid With the subpoena, at serviceRecords only Reasonable copying costs
A.R.S. § 12-303. Read at Arizona State Legislature, Arizona Supreme Court, Arizona Court Rules.
A flat $30 per day for trials, hearings and depositions alike.
Mileage 25 cents a mile, one wayPaid With the subpoena, at serviceRecords only Reasonable copying costs
Ark. R. Civ. P. 45(d), (e). Read at Arkansas Judiciary.
For each day of actual attendance at a civil action or proceeding in superior court. A deposition witness gets the same fee and mileage as for court attendance.
Mileage 20 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Fee required
Cal. Gov. Code § 68093; Cal. Code Civ. Proc. § 1986.5. Read at California Legislative Information.
The subsections that set the ordinary daily witness fee were deleted effective July 1, 2010. What remains: experts get compensation fixed by the court; criminal-trial witness fees are paid as costs under § 16-18-101; no fee to a witness in custody transported at government expense.
Mileage 68 cents a mile, going and returningPaid Before the witness attendsRecords only Not addressed in the statute
C.R.S. § 13-33-102. Read at Colorado Office of Legislative Legal Services, Internal Revenue Service, Colorado Supreme Court, Colorado Court Rules, Colorado Office of the State Controller.
For attendance before any court or other legal authority. Police officers and firefighters testifying in that capacity without pay from their town get $100 per day plus mileage instead. A party other than the state pays its witness on the day of attendance.
Mileage 76 cents a mile, to the place of trialPaid On the day the witness attendsRecords only Not addressed in the statute
Conn. Gen. Stat. § 52-260(a). Read at Connecticut General Assembly, Connecticut Office of the State Comptroller.
$2 per day for attendance in any court, before referees, or before a Commissioner, Register in Chancery or prothonotary executing a commission or rule for taking depositions. Before a justice of the peace in other cases, 50 cents. The Court of Common Pleas for Kent County has its own $1.00 rate. Government employees serving in an official capacity get no fee or mileage.
Mileage 3 cents a mile, going and returningPaid No time set in the statuteRecords only Not addressed in the statute
10 Del. C. § 8903(a). Read at Delaware Code Online, Delaware Courts.
D.C. Code § 15-714 sets Superior Court witness fees, criminal and non-criminal, at the amount paid in the U.S. District Court for D.C. (28 U.S.C. § 1821: $40 per day, including travel days). Criminal Rule 113 states the $40 figure expressly.
Mileage 76 cents a mile, going and returning, none for D.C. residentsPaid With the subpoena, at serviceRecords only No fee for records only
D.C. Code § 15-714(a), (b); D.C. Super. Ct. Crim. R. 113(a)(1)(A). Read at Council of the District of Columbia, D.C. Superior Court, U.S. General Services Administration.
Same $5 for each day of actual attendance in all courts, civil and criminal, and before a court-appointed arbitrator or general or special magistrate. A criminal-case witness who must appear outside the home county and lives more than 50 miles from the trial gets the state-employee per diem and travel under s. 112.061 instead.
Mileage 6 cents a mile, going and returningPaid No time set in the statuteRecords only Reasonable copying costs
Fla. Stat. § 92.142(1). Read at Florida Senate, The Florida Bar.
$25 per diem; the clerk issues execution on the witness’s affidavit to enforce payment. Off-duty law enforcement officers subpoenaed in criminal matters, or in civil matters about their duties, get a governing-authority rate of at least $25 per diem (O.C.G.A. § 24-13-28).
Mileage 45 cents a mile, going and returning, witnesses from another county onlyPaid With the subpoena, at serviceRecords only Reasonable copying costs
O.C.G.A. § 24-13-25. Read at Georgia General Assembly.
Civil trials: $30 for each day’s attendance; a witness coming from an island other than the one where court sits gets $36 per day plus actual round-trip plane or ship fare. Criminal cases (state court or grand jury): $40 per day under HRS § 621-7(a) as amended by the same 2025 Act.
Mileage 76 cents a mile, for each mile traveledPaid With the subpoena, at serviceRecords only Reasonable copying costs
HRS § 607-12(a)(1), (b)(1). Read at Hawaii State Legislature, Hawaii State Judiciary, U.S. General Services Administration.
The statute leaves witness fees to the court rules; I.R.C.P. 45(h) sets them at the Rule 54(d)(1) amounts: $20 per day for each day a non-party, non-expert witness testifies at a deposition or trial. Experts: reasonable fees, recoverable as costs up to $2,000 per expert.
Mileage 30 cents a mile, one wayPaid When the witness asks for itRecords only Reasonable copying costs
Idaho Code § 9-1601; I.R.C.P. 45(h), 54(d)(1)(C)(iii). Read at Idaho Legislature, Idaho Supreme Court.
Same $20 for trial witnesses and for a person attending to have a deposition taken. A witness attending in a foreign (other) county counts each day of travel as a day of attendance. No allowance is taxed unless the witness swears to the days attended.
Mileage 20 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Reasonable copying costs
705 ILCS 35/4.3(a). Read at Illinois General Assembly, Illinois Supreme Court.
$5 for each day of attendance in court for witnesses in civil, small claims, probate, juvenile, and infraction or ordinance cases (the actions listed in IC 33-37-4-2, -3, -4, -6 and -7). School employees called on a regular school day: $100 per day. Criminal: $5, or $15 for witnesses subpoenaed under IC 35-37-5-4, for state witnesses who testify in aid of the prosecution.
Mileage 64 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Reasonable copying costs
IC 33-37-10-3; IC 33-37-10-3.5; IC 33-37-10-2. Read at Indiana General Assembly, Indiana Department of Administration, Indiana Supreme Court.
$10 for each full day’s attendance and $5 for each attendance of less than a full day. Fee is the same for any witness; experts testifying to opinion get additional court-fixed compensation up to $150 per day.
Mileage 50 cents a mile, going and returningPaid When the witness asks for itRecords only Not addressed in the statute
Iowa Code § 622.69(1). Read at Iowa Legislature, Iowa Supreme Court.
$10 per day before any court, grand jury, judge, referee or commission; $10 for an inquest; the same $10 per day before the attorney general, a county attorney or an assistant attorney general who compels attendance. In criminal cases, reasonable food and lodging if the county commission authorizes it.
Mileage 72.5 cents a mile, going and returning, only on trips over 1 milePaid With the subpoena, at serviceRecords only Reasonable copying costs
K.S.A. 28-125(a)(1), (c). Read at Kansas Office of Revisor of Statutes, Kansas Department of Administration.
KRS 421.015 is a travel allowance only, and only for a witness subpoenaed to a county other than the one where the witness lives. No general civil per-diem attendance fee was found in KRS Chapter 421.
Mileage 49 cents a mile, going and returning, witnesses from another county onlyPaid No time set in the statuteRecords only Not addressed in the statute
KRS 421.015. Read at Kentucky Legislative Research Commission, Kentucky Finance and Administration Cabinet, Supreme Court of Kentucky.
Fifty dollars for each day the witness is required to appear in court in a civil case. A nonparty deposition witness receives the same fees and mileage as a trial witness in district court (experts excluded).
Mileage 76 cents a mile, going and returningPaid Deposited with the clerkRecords only Not addressed in the statute
La. R.S. 13:3661(B); La. R.S. 13:3663(A). Read at Louisiana State Legislature, Louisiana Division of Administration, U.S. General Services Administration.
$10 for each day’s attendance in the Supreme Judicial, Superior, District or Probate Court (unless the court orders otherwise), and the same before referees, auditors, special commissioners or county commissioners. Law enforcement officers testifying in their official capacity are excluded.
Mileage 22 cents a mile, going and returningPaid With the subpoena, at serviceRecords only No fee for records only
16 M.R.S. § 251. Read at Maine Legislature, State of Maine Judicial Branch.
Maryland repealed its witness attendance fee and mileage statute (Courts Article § 9-202) effective October 1, 2005 (2005 Md. Laws ch. 192, HB 49). No current statute or rule sets a per-day fee for an ordinary witness in a civil case.
Mileage No mileage in the lawPaid No time set in the statuteRecords only Reasonable copying costs
2005 Md. Laws ch. 192 (HB 49), repealing Md. Code, Cts. & Jud. Proc. § 9-202. Read at Maryland General Assembly, Maryland Department of Legislative Services, Maryland Judiciary, Maryland Code and Court Rules.
Six dollars a day for attending as a witness before the state courts, a referee, an arbitrator or ’on any other occasion for which no express provision is made’ (which reaches depositions). The witness certifies travel and attendance in writing.
Mileage 10 cents a mile, going and returningPaid With the subpoena, at serviceRecords only No fee for records only
M.G.L. c. 262, § 29. Read at Massachusetts Legislature, Massachusetts Trial Court.
$12 per full day and $6 per half day in a court of record; the witness may instead be paid for lost working time, but no more than $15 per day is taxable as costs. The same $12/$6 applies before any officer authorized to examine witnesses (depositions).
Mileage 76 cents a mile, going and returning, at the higher of the two state officer rates (57 or 76 cents); the law does not say whichPaid With the subpoena, at serviceRecords only Reasonable copying costs
MCL 600.2552(1), (4). Read at Michigan Legislature, Michigan Supreme Court, Michigan Department of Technology.
$20 for each day attending in any action or proceeding in court or before any officer authorized to examine witnesses (which includes depositions).
Mileage 28 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Reasonable copying costs
Minn. Stat. § 357.22(1). Read at Minnesota Office of the Revisor of Statutes.
Witnesses in county, circuit, chancery and justice courts receive the per-day juror pay the county board of supervisors sets under § 25-7-61 (circuit, chancery and county court jurors: not less than $25 nor more than $40 per day; justice court jurors: $10 to $15). Witnesses in all other cases receive what they would before the circuit court. The exact figure is county-specific.
Mileage 76 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Reasonable copying costs
Miss. Code Ann. § 25-7-47; § 25-7-61(1)(a), (c). Read at Mississippi Legislature, Supreme Court of Mississippi, U.S. General Services Administration.
Twenty-five dollars per day plus mileage. A deposition witness is tendered the same fees and mileage as for attending court.
Mileage 70 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Reasonable copying costs
§ 491.280.1 RSMo. Read at Missouri Revisor of Statutes, Missouri Office of Administration, Supreme Court of Missouri.
$10 per day for attending any civil or criminal action before a court of record, a referee or an officer authorized to take depositions. Courts not of record (civil): also $10 per day of actual attendance. Experts receive the same compensation as any witness.
Mileage 76 cents a mile, going and returningPaid With the subpoena, at serviceRecords only No fee for records only
MCA 26-2-501(1)(a); 26-2-502; 26-2-505. Read at Montana Legislature, Internal Revenue Service.
Paid for each day actually employed in attendance. Small Claims Court witnesses receive $8 per day.
Mileage 76 cents a mile, for each mile necessarily traveled, only on trips over 1 milePaid With the subpoena, at serviceRecords only Reasonable copying costs
Neb. Rev. Stat. § 33-139. Read at Nebraska Legislature, Nebraska Department of Administrative Services, Nebraska Supreme Court.
Applies to courts, masters, commissioners, justices of the peace and grand juries, civil and criminal. A county may add the state per diem allowance for in-county attendance.
Mileage 76 cents a mile, going and returningPaid With the subpoena, at serviceRecords only No fee for records only
NRS 50.225(1)(a). Read at Nevada Legislature, Internal Revenue Service.
RSA 516:16 (fees of witnesses for attendance and travel) and RSA 516:16-a (law-enforcement witness fees) were both repealed by Laws 2019, ch. 346 (HB 2), effective July 1, 2019. No replacement schedule was enacted.
Mileage No mileage in the lawPaid With the subpoena, at serviceRecords only Not addressed in the statute
RSA 516:16 (repealed); Laws 2019, ch. 346. Read at New Hampshire General Court, New Hampshire Judicial Branch.
Same $2 a day for a witness from the witness’s own county or a foreign county, before a court, an officer taking a deposition, a master, referee, arbitrator or legislative committee.
Mileage $2.00 per 30 miles, going and returning, witnesses from another county onlyPaid With the subpoena, at serviceRecords only Fee required
N.J.S.A. 22A:1-4. Read at New Jersey Legislature, New Jersey Courts, New Jersey Judiciary.
Rule 1-045 requires tender of the full one-day per diem under NMSA § 10-8-4(A) for nonsalaried public officers. That section pays $45 for under four hours (or a virtual meeting) and $95 for four hours or more; the rule says the fee is not prorated, and the committee commentary says the full per diem is due even if attendance will not take an entire day. A full day is due before each further day.
Mileage 70 cents a mile, for each mile traveledPaid With the subpoena, at serviceRecords only Reasonable copying costs
Rule 1-045(B)(2)(b) NMRA; NMSA 1978, § 10-8-4(A)(1)-(2). Read at New Mexico Supreme Court / Compilation Commission, New Mexico Compilation Commission, New Mexico Supreme Court, New Mexico Legislature, Internal Revenue Service.
Due for each day’s attendance whether or not testimony is taken. A nonparty (not a party, agent or employee of a party) subpoenaed to testify or produce at an examination before trial gets an additional $3 a day.
Mileage 23 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Fee required
CPLR 8001(a), (b). Read at New York State Senate.
Certified to the clerk of superior court. A former law-enforcement officer under subpoena gets $20 per hour or fraction of an hour instead. Salaried law-enforcement officers get no attendance fee.
Mileage 76 cents a mile, going and returning, witnesses from another county onlyPaid No time set in the statuteRecords only Reasonable copying costs
N.C. Gen. Stat. § 7A-314(a), (a1). Read at North Carolina General Assembly, NC Office of State Budget and Management.
For each day necessarily in attendance before the district court or another board or tribunal, civil or criminal. Municipal court witnesses get an amount the city sets, between $5 and $25 per day.
Mileage 76 cents a mile, for each mile traveledPaid With the subpoena, at serviceRecords only No fee for records only
N.D.C.C. § 31-01-16(1)(a); § 31-01-16.2. Read at North Dakota Legislative Branch, North Dakota Office of Management and Budget, North Dakota Supreme Court.
Civil cases, at a court of record, mayor’s court or before a person authorized to take depositions. A full day means required presence both before and after noon; a half day, before or after noon but not both, whether or not the witness testifies.
Mileage 50.5 cents a mile, going and returning, at the county rate (this is the cap)Paid When the witness asks for itRecords only Not addressed in the statute
R.C. 2335.06(A)(1), (B). Read at Ohio Legislative Service Commission, Supreme Court of Ohio.
$10 for each day of attendance for a witness compelled to appear from within Oklahoma, whether or not testimony is actually given. Out-of-state witnesses in criminal cases are paid under 22 O.S. § 718 instead.
Mileage 76 cents a mile, going and returning, none under 1.5 miles traveledPaid With the subpoena, at serviceRecords only No fee for records only
28 O.S. § 81(A)(3). Read at Oklahoma State Courts Network, Oklahoma Legislature, Internal Revenue Service.
$30 for each day’s attendance. $5 per day in any criminal proceeding, any proceeding prosecuted by a public body, or any proceeding where a public body (state, city, county, school district or other subdivision) is a party.
Mileage 25 cents a mile, for each mile traveledPaid With the subpoena, at serviceRecords only Not addressed in the statute
ORS 44.415(1), (2). Read at Oregon State Legislature.
$5 per day during the necessary period of attendance, paid even if the witness is not called. A salaried police officer at a coroner’s inquest during working hours gets nothing. A witness under the First Class City Permanent Registration Act gets $20 per day. Section 5903 does not cover proceedings before the minor judiciary (magisterial district judges), but does cover the Philadelphia Municipal Court.
Mileage 7 cents a mile, going and returningPaid When the witness asks for itRecords only Reasonable copying costs
42 Pa.C.S. § 5903(a), (b), (g). Read at Pennsylvania General Assembly, Pennsylvania Code and Bulletin.
The civil-witness Reglamento covers meals, travel and lodging but expressly does not regulate a fee (honorarios) for civil witnesses; the parties agree on what is reasonable. Meal allowances: breakfast up to $4 (only if the witness must leave before 6:30 a.m.), lunch up to $7 (return after 1:00 p.m.), dinner up to $7 (return after 7:00 p.m.), snack up to $3 per occasion. The party who asks for the witness pays.
Mileage 30 cents a mile, for each mile traveled, none under 3 miles traveledPaid With the subpoena, at serviceRecords only No fee for records only
Reglamento para Fijar Gastos de Viaje, Dietas y Alojamiento para Testigos en los Casos Civiles, Arts. V(A), IX(C). Read at Oficina de Gerencia y Presupuesto, Poder Judicial de Puerto Rico.
$10 for every day’s attendance before the supreme or superior court or any other tribunal or magistrate, expressly including depositions. $2 for every day’s commitment in jail on default of recognizance.
Mileage 10 cents a mile, for each mile of travelPaid With the subpoena, at serviceRecords only No fee for records only
R.I. Gen. Laws § 9-29-7(a)(1). Read at Rhode Island General Assembly, Rhode Island Judiciary.
$25 for each day’s attendance when a subpoena commands attendance. No tender when the subpoena issues for the State or its officers or agencies.
Mileage 76 cents a mile, from the residence to the place commandedPaid On the day the witness attendsRecords only No fee for records only
SCRCP 45(b)(1). Read at South Carolina Judicial Branch, South Carolina Legislature, Internal Revenue Service.
$20 for each day’s attendance before any court, board or tribunal, civil or criminal. A person serving a period of incarceration when appearing gets no witness fee.
Mileage 76 cents a mile, for each mile traveledPaid With the subpoena, at serviceRecords only Reasonable copying costs
SDCL § 19-5-1. Read at South Dakota Legislature, South Dakota Legislature), South Dakota Bureau of Finance and Management.
Witnesses attending a court of record under subpoena in a civil matter receive $30 per day on request to the clerk. General sessions witnesses are on an older schedule (50 cents per day, 5 cents per mile when summoned outside their own county; § 24-4-103).
Mileage 76 cents a mile, going and returning, only on trips over 10 milesPaid When the witness asks for itRecords only Reasonable copying costs
Tenn. Code Ann. § 24-4-101(b). Read at Tennessee Code Unannotated, Tennessee Attorney General, Tennessee Administrative Office of the Courts, Tennessee Department of Labor and Workforce Development.
$10 for each day the witness attends court; the fee includes travel. Witnesses summoned by a state agency get $1 per day plus state-rate mileage and expenses instead (§ 22.003).
Mileage No mileage, the $10 fee includes travelPaid With the subpoena, at serviceRecords only Fee required
Tex. Civ. Prac. & Rem. Code § 22.001(a). Read at Texas Legislative Council, Texas Judicial Branch.
$4 for each day’s attendance in the Superior Court or at a deposition, including the time spent traveling to and from it. A witness from another judicial division (who is not a salaried Virgin Islands or federal employee and not in custody) also gets $8 per day for subsistence, travel days included. The Supreme Court’s reporter’s note treats the $4 fee as a floor that does not govern expert depositions.
Mileage Actual travel expenses, not a per-mile ratePaid No time set in the statuteRecords only Not addressed in the statute
5 V.I.C. § 660. Read at Virgin Islands Code, Judiciary of the U.S. Virgin Islands.
Applies to a witness legally required or in good faith requested to attend a trial court of record or not of record, or a grand jury. A person in custody after conviction gets no witness fee.
Mileage $1.00 per 4 miles, one way, only past 50 milesPaid With the subpoena, at serviceRecords only Reasonable copying costs
Utah Code § 78B-1-119(1)(a). Read at Utah Legislature, Utah State Courts.
$30 a day for attendance before a court or to give a deposition before a notary public, and before other courts or tribunals. Criminal cases: $10 per day unless otherwise provided.
Mileage 76 cents a mile, for travel in the statePaid With the subpoena, at serviceRecords only No fee for records only
32 V.S.A. § 1551(1). Read at Vermont General Assembly, Vermont Judiciary, Vermont Department of Human Resources, U.S. General Services Administration.
§ 17.1-612 gives a summoned witness only daily mileage and tolls. A witness from outside Virginia in a civil action may be allowed mileage and an attendance fee only if the judge certifies the witness as material, in an amount the court finds reasonable. Experts: compensation as the court orders, paid by the calling party.
Mileage 76 cents a mile, daily, at the state ratePaid No time set in the statuteRecords only Reasonable copying costs
Va. Code § 17.1-612. Read at Virginia General Assembly, Internal Revenue Service, Supreme Court of Virginia.
Witnesses in courts of record get the same daily pay and mileage as superior court jurors; in other courts, as district court jurors. Each county’s legislative authority sets juror pay between $10 and $25 a day.
Mileage 76 cents a mile, at the state ratePaid When the witness asks for itRecords only Reasonable copying costs
RCW 2.40.010; RCW 2.36.150. Read at Washington State Legislature, Washington Office of Financial Management, Washington Courts.
The court or tribunal fixes the daily amount within the range.
Mileage 15 cents a mile, going and returningPaid When the witness asks for itRecords only Not addressed in the statute
W. Va. Code § 59-1-16. Read at West Virginia Legislature, Supreme Court of Appeals of West Virginia.
2025 Wis. Act 179 (published April 4, 2026) raises the rates on November 1, 2026: circuit court $16 to $55; court of appeals or supreme court $16 to $55; before a municipal judge, arbitrator, officer, board or committee $5 to $17 per day. Fees only for actual and necessary attendance.
Mileage 20 cents a mile, going and returning (through oct. 31, 2026)Paid With the subpoena, at serviceRecords only Reasonable copying costs
Wis. Stat. § 814.67(1)(am), (b)1., (a)1.; 2025 Wis. Act 179, §§ 48-51, 85. Read at Wisconsin Legislature, Internal Revenue Service.
Statutory minimum for attending a court, grand jury, judge, referee or commissioner. For taxing costs in district court, U.R.D.C. 501 allows $30 per day and $15 per half day for travel and attendance. Experts: $25 per day or what the court allows.
Mileage 76 cents a mile, going and returningPaid With the subpoena, at serviceRecords only Not addressed in the statute
Wyo. Stat. § 1-14-102(a)(i). Read at Wyoming Legislature, Wyoming State Auditor’s Office, Wyoming Judicial Branch.
A witness subpoenaed to a United States court or a federal deposition gets $40 a day, including travel days, under 28 U.S.C. § 1821(b). Mileage by car is the GSA rate for federal employees: 76 cents a mile since July 1, 2026. Tolls and parking are paid too, and a witness who must stay overnight gets a subsistence allowance up to the GSA per diem. One day’s fee and the mileage go with the subpoena, unless it issues for the United States: Fed. R. Civ. P. 45(b)(1).
Mileage runs from the witness’s home to the place of attendance at the rate the jurisdiction sets. Most count the trip both ways; a few count one way, some pay only past a threshold (more than 30 miles in Alaska, more than 50 in Utah), New Jersey pays in blocks of 30 miles, and Texas pays nothing for travel because its daily fee includes it. Where the rate follows a state employee schedule, it changes when that schedule does.
A subpoena that only asks for documents usually needs no attendance fee, because no one is asked to attend. The custodian can recover the reasonable cost of producing the records instead, and some states let the court require that cost in advance. If the subpoena also commands testimony, the full fee and mileage apply.
A subpoena from your court has no force across state lines. Under the Uniform Interstate Depositions and Discovery Act, the clerk where the witness lives issues a local subpoena, and that state’s fee, mileage and payment rule apply. A Texas case deposing a witness in Florida tenders Florida’s fee, not Texas’s.
Served 123 LLC handles that step: the subpoena issued in the witness’s state, the witness fee named on your quote, and service by a local server.
Get a Free Quote OnlineIt depends on where the witness is served. Federal court pays $40 a day plus mileage at the GSA rate. State fees run from a few dollars a day to $50 or more, and a few states set no daily fee at all. The table lists every jurisdiction with its law, and the calculator adds the mileage the way that jurisdiction counts it.
The witness’s. A subpoena served in another state is issued there, under that state’s law, so the fee, the mileage and the time of payment are the witness’s state’s. A federal subpoena follows the federal statute in every state.
Usually not an attendance fee, because no one is asked to attend. A records custodian may recover the reasonable cost of producing the records, and some states let the court require that cost in advance. If the subpoena also commands testimony, the full fee applies.
In federal court and in many states, yes: one day’s fee and the mileage go with the subpoena. Other states pay it on demand, when the witness arrives, or through a deposit with the clerk. The “When paid” column in the table shows each jurisdiction’s rule.
Where the law ties the fee to service, a subpoena served without it can be challenged, and a court may decline to enforce it against a witness who did not appear. Tendering the correct amount with the subpoena removes that question.
From the witness’s residence to the place of attendance, at the rate the jurisdiction sets. Some count the round trip, some one way, some only the miles past a threshold, and some pay nothing for travel. Where the rate is borrowed from a government employee schedule, it changes when that schedule does.
The statutory fee covers an ordinary witness. Expert compensation is usually agreed with the expert or set by the court, and several states say so in the same statute; those notes appear in each jurisdiction’s entry.
To the witness, in nearly every jurisdiction. Louisiana is the exception in the table: the fee is deposited with the clerk, who pays the witness.
Every row was read in the official statute or court rule, and every source is checked again each year. Fees still change between checks, especially mileage rates that follow a federal or state employee schedule, so confirm the current fee with the statute, the court rule or the clerk before you serve.
Send the subpoena and the witness’s address. Your free written quote names the fee the state requires, and for a witness in another state we arrange the local subpoena first. Papers in your own state: service of process. Every state we cover: coverage by state. Rates: our pricing. Questions? Call (800) 321-2377.
Get a Free Quote OnlineWitness fees and mileage rates change. The figures here were checked against the official statutes and court rules when this page was published, and it remains your responsibility to confirm the current fee before serving a subpoena. This page is general information, not legal advice.
