Comprehensive Guide to Federal and State-Level Subpoena Witness Fees

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Federal Witness Fee Compensation Framework:

 

The federal system has set parameters to determine remuneration for witnesses:

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Appearance Fee: Witnesses receive a daily rate of $40, inclusive of days dedicated for commuting to and back from court proceedings.

 

Travel Stipend: This is determined using the government-approved daily allowance, covering expenses such as accommodations, food, and other travel-related outlays.

 

Distance Reimbursement: Witnesses utilizing their own vehicles are granted a rate of 57.5 cents per mile. This calculation accounts for both ways of the journey, ensuring all transportation costs are covered.

 

Federal Witness Fee Breakdown: A daily stipend of $40, which includes days spent traveling. Additionally, mileage is remunerated at 57.5 cents per mile, factoring in both ways of the trip.

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Helpful Link For Federal Witness Fee Calculation

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State-Based Witness Fee Overview:

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Witness fees at the state level display notable variation, mirroring the distinct legal and fiscal nuances of individual states. Essential elements to note are:

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Diversity: In contrast to the standardized federal approach, states have their distinct criteria for witness compensation. This might be a set daily fee or more intricate assessments based on factors like distance covered or the essence of the testimony.

 

Fee Breakdown: State-set fees frequently encompass a spectrum of expenses, from compensating the witness for their time to covering travel and, occasionally, lodging costs.

 

Importance: These compensations are more than procedural. They are crucial to ensuring that witnesses, particularly those commuting long distances or taking leaves from their jobs, don't face a financial strain due to their involvement in the judicial process.

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Alabama Witness Fee Guide:

Daily fee of $1.50, plus $0.05 per mile (AL Code § 12-19-131, 2014).

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Alaska Witness Fee Guide:

$12.50 for under three hours, $25 for over, with mileage same as state employees (AS 24.25.050).

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Arizona Witness Fee Guide:

$12 per day, including travel, plus $0.20 per mile (A.R.S. § 12-303).

 

Arkansas Witness Fee Guide: 

Daily fee of $30, plus $0.25 per mile (Ark. R. Civ. P. 45(e)).

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California Witness Fee Guide:

$35 plus $0.20 per mile round trip. $15 for records only (Cal. Gov. Code § 68093, Cal. Evid. Code 1563(b)(6)).

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Connecticut Witness Fee Guide:

Daily fee of $0.50, plus state employee rate for mileage (General Statutes § 52-260).

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Delaware Witness Fee Guide:

Daily fee of $2, plus $0.03 per mile round trip (70 Del. Laws § 8903).

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Florida Witness Fee Guide:

$5 plus $0.06 per mile; $7.50 flat fee for in-county witnesses (Fla. Stat. § 92.142).

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Georgia Witness Fee Guide:

Daily fee of $25, plus $0.45 per mile round trip (OCGA § 24-13-25).

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Hawaii Witness Fee Guide:

$4 per day, plus $0.20 per mile round trip (HRS § 607-12).

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Idaho Witness Fee Guide:

$20 per day, plus $0.30 per mile one way (IRFLP 901).

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Illinois Witness Fee Guide:

​$20 per day, plus $0.20 per mile round trip (705 ILCS 35/4.3).

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Indiana Witness Fee Guide:

​ $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).

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​Kansas Witness Fee Guide:

$10 full day, $5 half day, plus supreme court-established mileage rate (Iowa Code § 622.69).

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Kentucky Witness Fee Guide:

No fees required.

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Louisiana Witness Fee Guide:

$25 per day, plus $5 per day for hotel and meals (LA Rev Stat § 13:3661).

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​Maine Witness Fee Guide:

$10 per day, plus $0.22 per mile round trip (16 M.R.S. § 251).

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Maryland Witness Fee Guide:

​No witness fee or mileage for fact witnesses.

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Massachusetts Witness Fee Guide:

$6 per day plus $0.10 per mile round trip (G. L. c. 262 § 29).

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Michigan Witness Fee Guide:

$12 per day (full day), $6 per day (half day), plus mileage at the same rate as state employees (MCR 2.506(G)(1)).

 

Missouri Witness Fee Guide:

$20 per day plus $0.28 per mile round trip (Minn. Stat. § 357.22).

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Montana Witness Fee Guide:

$10 per day plus $0.17 per mile round trip (§ 24.11.336, MCA).

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Nebraska Witness Fee Guide:

$20 per day plus mileage paid at the same rate as state employees if more than 1 mile (Neb. Rev. Stat. Ann. § 33-139).

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Nevada Witness Fee Guide:

$25 plus mileage paid at the same rate as state employees (NRS 50.255).

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New Hampshire Witness Fee Guide:

$30 for a police officer, $24 for everyone else (RSA 516.16).

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New Jersey Witness Fee Guide:

$2 per day plus $2 for every 30 miles of travel (N.J.S.A. § 22A:1-4).

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New Mexico Witness Fee Guide:

$95 per day (NMSA 1978 § 10-8-4).

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New York Witness Fee Guide:

$15 per day plus $0.23 per mile round trip (NY CPLR § 8001).

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North Carolina Witness Fee Guide:

$5 per day plus mileage paid at the same rate as state employees (N.C.G.S. § 7A-314).

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North Dakota Witness Fee Guide:

$25 per day plus mileage paid at the same rate as state employees (N.D.C.C. § 31-01-16).

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Ohio Witness Fee Guide:

$12 for full days and $6 for half days, plus $0.10 per mile round trip (R.C. 2335.06).

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Oklahoma Witness Fee Guide:

$10 per day plus mileage paid at the same rate as state employees (28A O.S. § 28-81).

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Oregon Witness Fee Guide:

$30 per day plus $0.25 per mile (ORS 44.415).

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Pennsylvania Witness Fee Guide:

$5 per day plus $0.07 per mile round trip (42 Pa.C.S. § d5903).

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Rhode Island Witness Fee Guide:

$10 per day plus $0.10 per mile round trip (G.L. 2013 § 9-29-7).

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South Carolina Witness Fee Guide:

$25 per day plus mileage paid at the same rate as state employees (S.C. R. Civ. P. 45(b)(1)).

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South Dakota Witness Fee Guide:

$20 per day plus mileage paid at the same rate as state employees (SDCL § 19-5-1).

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Tennessee Witness Fee Guide:

$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).

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Texas Witness Fee Guide:

Flat fee of $10 per day (TEX. CIV. PRAC. & REM. CODE § 22.001).

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Utah Witness Fee Guide:

$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).

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Vermont Witness Fee Guide:

$30 per day plus mileage paid at the same rate as state employees (32 V.S.A. § 1551).

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Virginia Witness Fee Guide:

Mileage paid at the same rate as state employees (Code § 2.2-2823).

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Washington Witness Fee Guide:

$10-$25 per day, depending on the county (RCW 2.40.010).

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West Virginia Witness Fee Guide:

$10 per day plus $0.10 per mile round trip (W. Va. Code Ann. § 33-2-5).

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Wisconsin Witness Fee Guide:

$16 per day plus $0.20 per mile round trip (Wis. Stat. § 814.67).

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Wyoming Witness Fee Guide:

$30 per day, $15 for half days plus $0.23 per mile (U. R. D. C. 501(a)(3)(B)(i)).