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Subpoena witness fees · a verified record

What you tender is not what the tables say.

Attendance fees and mileage for the federal courts and every state, territory and district — each provision read against the statute or court rule itself, with the citation and the date it was checked.

28 U.S.C. § 1821(b)United States Code
“A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance…”
Read at uscode.house.gov · checked August 2026
53 jurisdictions — every provision read at the source 30 print no per-mile figure 10 print no per-diem figure checked August 2026

A witness fee is small money attached to a large consequence. Tender the wrong amount, or the right amount at the wrong moment, and the service can be challenged — sometimes months later, when the deposition date has passed.

The figures below were checked one jurisdiction at a time against the statute or court rule, not compiled from other guides. Where the law sets no number — and in 10 jurisdictions it sets no per-diem at all — this page says so rather than printing one.

Part 1

The federal baseline

28 U.S.C. § 1821 governs a witness before a United States court, a magistrate judge, or a person authorised to take a deposition under a federal rule or order. It fixes one figure and leaves one moving.

The attendance fee is set in the statute. The mileage rate is not — § 1821(c) points to the allowance the Administrator of General Services prescribes for federal employees, so the current GSA rate has to be looked up each time. Common-carrier travel is reimbursed at the actual cost shown by the receipt.

Timing is its own rule: Rule 45(b)(1) requires the fees for one day’s attendance and the mileage allowed by law to be tendered with service, unless the subpoena issues on behalf of the United States.

$40.00 a day

For each day of attendance, and for the time necessarily occupied going to and returning from it.28 U.S.C. § 1821(b)

The GSA rate

Mileage for a privately owned vehicle — no cents figure in the statute; the referenced rate moves on its own schedule.28 U.S.C. § 1821(c)(2)

With service

Tender of one day’s fees and mileage accompanies service itself.Fed. R. Civ. P. 45(b)(1)

Part 2

Why the rules disagree

The state provisions differ in more than the dollar amount. Two structural questions decide what a correct tender looks like — when the fee changes hands, and how a mile is measured — and neither has one answer.

When the fee changes hands

Tendered with service

The federal model — and the U.S. Virgin Islands rule tracks it: the server certifies the tender on the proof of service. V.I. R. Civ. P. 45(b).

Deposited with the clerk

Louisiana has fees deposited before the subpoena issues; the clerk pays the witness on appearance. La. R.S. 13:3661.

Paid on attendance

Connecticut pays a party-summoned witness on the day of attendance. Conn. Gen. Stat. § 52-260(h).

Paid on demand

Montana makes advance payment in a civil action a matter of demand. MCA 26‑2‑507.

Rolling, day before

Oklahoma pays each subsequent day of attendance the day before it, unless the witness agrees otherwise. 28 O.S. § 81.

Conditional

Georgia makes fees a condition precedent to attendance only for out-of-county witnesses. O.C.G.A. § 24-13-25.

How a mile is measured

Round trip

Massachusetts pays travel out and home; Wisconsin, going and returning by the usually travelled route.

Each way

Hawaii and Illinois state the rate per mile each way; Montana pays the state rate each way.

In blocks

New Jersey pays $2.00 per thirty miles of travel — and only for a witness from another county. N.J.S.A. 22A:1-4.

Above a threshold

Nebraska pays only beyond one mile; Oklahoma pays nothing under one and a half; Alaska, only past thirty; Tennessee, only past ten; Utah, only beyond fifty — and then going only.

Not at all

Texas prints no mileage — the statute states the fee includes travel. Tex. Civ. Prac. & Rem. Code § 22.001.

Where no number exists

30 of the 53 jurisdictions print no cents-per-mile figure — the rate lives in a cross-reference to a state-employee or state-officer schedule that moves on its own. 10 print no per-diem figure at all: some set none, some leave the amount to the court, one puts it on a form that is not publicly posted. A table that shows a number for every cell is filling those cells in.

Rates move on their own schedules

Wisconsin’s circuit-court rate rises from $16.00 to $55.00 on 1 November 2026 — written into Wis. Stat. § 814.67 today. New Mexico’s tiers date from April 2021. Colorado deleted its general per-diem in 2010; New Hampshire repealed its fee statute in 2019. A figure without a checked date is a figure from an unknown year — which is why every row below carries one.

Part 3

The register — all 53 jurisdictions

Search by name, amount or citation, or filter by how the fee is structured. Open any row for the full provision, the source it was read on, and the date it was checked.

53 of 53 shown
Alabama
Attendance$1.50/day (civil)
Mileage$0.05/mile to and from residence
AuthorityAla. Code § 12-19-131(a)
Alaska
Attendance$12.50 up to three hours door-to-door · $25.00 beyond
MileageState rate, round trip — only if over 30 miles away
AuthorityAlaska Admin. R. 7
Arizona
Attendance$12.00/day
Mileage$0.20/mile
AuthorityA.R.S. § 12-303
Arkansas
Attendance$30.00 per day for attendance
Mileage$0.25/mile from residence to the place of trial
AuthorityArk. R. Civ. P. 45
California
Attendance$35.00/day
Mileage$0.20/mile
AuthorityCal. Gov. Code § 68093
Colorado
AttendanceNo general per-diem — subsections deleted eff. 1 Jul 2010
MileageState-officer rate, round trip (§ 24-9-104)
AuthorityC.R.S. § 13-33-102
Connecticut
Attendance$0.50/day
MileageState-employee rate (§ 5-141c) — cross-reference
AuthorityConn. Gen. Stat. § 52-260(a)
Delaware
Attendance$2.00/day general forums · separate justice-of-the-peace rate
Mileage$0.03/mile round trip · $0.02 at the JP rate
Authority10 Del. C. § 8903(a)
District of Columbia
Attendance$40.00/day, including necessary travel days
Mileage§ 15-714 rate on the federal table of distances
AuthorityD.C. Code § 15-714
Florida
Attendance$5.00/day
Mileage$0.06/mile to and from
AuthorityFla. Stat. § 92.142(1)
Georgia
Attendance$25.00 per diem
Mileage$0.45/mile
AuthorityO.C.G.A. § 24-13-25
Hawaii
Attendance$4.00 for each day’s attendance in court
Mileage$0.20/mile each way
AuthorityHRS § 607-12(a),(b)
Idaho
AttendanceNo statutory figure — set by the trial court (I.R.C.P.)
MileageSet by the trial court — no statutory figure
AuthorityIdaho Code § 9-1601
Illinois
Attendance$20.00/day
Mileage$0.20/mile each way
Authority705 ILCS 35/4.3(a)
Indiana
Attendance$5.00/day · school employees $100.00 on a school day
MileageState-officer rate, to and from
AuthorityIC 33-37-10-3
Iowa
Attendance$10.00 for each full day’s attendance
MileageCross-reference — no cents figure in the statute
AuthorityIowa Code § 622.69(1)
Kansas
Attendance$10.00 per day
MileageRate prescribed by law — cross-reference
AuthorityK.S.A. § 28-125
Kentucky
AttendanceNo attendance fee — KRS 421.015 is travel-only
MileageState-employee rate (KRS 44.060) — out-of-county only
AuthorityKRS 421.015
Louisiana
Attendance$50.00 per day of required appearance
MileageState-official rate — no cents figure in the statute
AuthorityLa. R.S. 13:3661(B)-(E)
Maine
Attendance$10.00 for each day’s attendance
Mileage$0.22/mile, round trip
Authority16 M.R.S. § 251
Maryland
AttendanceRequired — amount on a gated uniform form; confirm at intake
MileageRequired — reported at the state standard rate; confirm
AuthorityMd. Rules 2-510, 3-510
Massachusetts
Attendance$6.00/day
Mileage$0.10/mile, round trip
AuthorityM.G.L. c. 262, § 29
Michigan
Attendance$12.00 full day / $6.00 half day
MileageState-employee rate — cross-reference
AuthorityMCL 600.2552(1), (4), (5)
Minnesota
Attendance$20.00 for each day
Mileage$0.28/mile, to and from
AuthorityMinn. Stat. § 357.22
Mississippi
AttendanceCounty-set — same pay per day as a juror
Mileage§ 25-3-41 rate, nearest route, plus tolls and ferriages
AuthorityMiss. Code Ann. § 25-7-47
Missouri
Attendance$25.00/day
Mileage§ 33.095 RSMo state rate — cross-reference
Authority§ 491.280.1 RSMo
Montana
Attendance$10.00 per day
MileageMCA 2-18-503 state rate, each way
AuthorityMCA 26-2-501(1)(a),(b),(2)
Nebraska
Attendance$20.00/day district, county, grand jury · $8.00 small claims
MileageState-employee rate — only if residing over one mile away
AuthorityNeb. Rev. Stat. § 33-139
Nevada
Attendance$25.00 per day of attendance, including Sundays and holidays
MileageIRS standard mileage rate
AuthorityNRS 50.225
New Hampshire
AttendanceNone — fee statute repealed eff. 1 Jul 2019
MileageNone — repealed with the fee
AuthorityRSA 516:16 — repealed 2019
New Jersey
Attendance$2.00 per day of attendance
Mileage$2.00 per 30-mile block — foreign-county witnesses only
AuthorityN.J.S.A. 22A:1-4
New Mexico
Attendance$45.00 under four hours · $95.00 at four hours or more
MileageNonsalaried-public-officer rate — cross-reference
AuthorityNMSA 1978 § 38-6-4
New York
Attendance$15.00/day
Mileage$0.23/mile, place of service to place of attendance
AuthorityCPLR § 8001
North Carolina
Attendance$5.00 per day or fraction thereof during attendance
MileageState-employee rate — cross-reference
AuthorityN.C. Gen. Stat. § 7A-314
North Dakota
Attendance$25.00/day district court · municipal $5–$25, city-set
MileageState-employee rates — cross-reference
AuthorityN.D.C.C. § 31-01-16
Ohio
Attendance$12.00 full day / $6.00 half day
Mileage$0.505/mile
AuthorityOhio R.C. § 2335.06
Oklahoma
Attendance$10.00 for each day of attendance
MileageState-employee cap — none under 1½ miles; whole-mile rounding
Authority28 O.S. § 81
Oregon
Attendance$30.00/day civil · $5.00 public-body or criminal
Mileage$0.25/mile civil · $0.08 public-body; common-carrier cap
AuthorityORS 44.415(1), (2)
Pennsylvania
Attendance$5.00 per day during the necessary period of attendance
Mileage$0.07/mile circular (round trip)
Authority42 Pa.C.S. § 5903
Puerto Rico
AttendanceNone in the civil subpoena rule
MileageNone in the civil rule
AuthorityRegla 40, R.P. Civil 2009
Rhode Island
Attendance$10.00/day — expressly including depositions
Mileage$0.10/mile — the statute states no travel basis
AuthorityR.I. Gen. Laws § 9-29-7
South Carolina
Attendance$25.00/day, including necessary travel time
MileageState-officer rate, from and returning to residence
AuthoritySCRCP 45(b)(1) and 45(g)
South Dakota
Attendance$20.00 for each day’s attendance
MileageSDCL § 3-9-1 rate — cross-reference
AuthoritySDCL § 19-5-1
Tennessee
Attendance$30.00/day courts of record, on request to the clerk
MileageState travel rate — only if residing over ten miles away
AuthorityTenn. Code Ann. § 24-4-101
Texas
Attendance$10.00/day
MileageNone — the fee includes travel
AuthorityTex. Civ. Prac. & Rem. Code § 22.001
U.S. Virgin Islands
AttendanceFederal-style tender — no territorial figure in the rule
Mileage“Mileage allowed by law” — cross-reference
AuthorityV.I. R. Civ. P. 45
Utah
Attendance$18.50 first day · $49.00 each subsequent day
MileageIn-state: $1 per 4 miles beyond 50, going only
AuthorityUtah Code § 78B-1-119(1)-(5)
Vermont
Attendance$30.00 a day
MileageState-employee rate — in-state travel only
Authority32 V.S.A. § 1551(1)-(4)
Virginia
AttendanceNo per-diem for in-state civil witnesses — mileage and tolls
MileageState-employee rate (§ 2.2-2823), plus tolls
AuthorityVa. Code § 17.1-612
Washington
AttendanceSame per-day pay as jurors — no dollar figure
MileageSame per-mile compensation as jurors
AuthorityRCW 2.40.010
West Virginia
Attendance$10–$20/day — exact amount fixed by the court
Mileage$0.15/mile each way, plus bridge, ferry and road tolls
AuthorityW. Va. Code § 59-1-16
Wisconsin
Attendance$16.00/day circuit court — $55.00 from 1 Nov 2026; $5.00 municipal
Mileage$0.20/mile
AuthorityWis. Stat. § 814.67
Wyoming
Attendance$10.00/day tender; the $30/$15 figures are costs-taxing only
MileageW.S. § 9-3-103 rate — cross-reference
AuthorityWyo. Stat. § 1-14-102

Every row was read in full on the source shown — the state legislature or judiciary where the text is published there, an established statutory-text publisher otherwise. Where the answer is not a number, the row says exactly what it is: New Hampshire’s fee statute was repealed effective 1 July 2019, and Maryland’s amount sits on a uniform form held behind the Judiciary’s attorney portal — the fees are required; the figure is confirmed at intake. Rates change without notice — confirm before tendering. Provisions checked August 2026; Wisconsin’s scheduled 1 November 2026 increase is stated in its row.

Part 4

Common questions

Which jurisdiction’s witness fee applies — the case’s, or the witness’s?

The jurisdiction where the witness is served and appears. On a domesticated subpoena the fee follows the witness, not the court where the case is pending: a New York matter deposing a witness in California tenders California’s $35.00 a day and $0.20 a mile both ways under Cal. Gov. Code § 68093, not New York’s $15.00.

What do I tender with a federal subpoena?

The attendance fee of $40.00 a day under 28 U.S.C. § 1821(b), plus mileage. Fed. R. Civ. P. 45(b)(1) requires the fees for one day’s attendance and the mileage allowed by law to be tendered with service, unless the subpoena issues on behalf of the United States.

What if the statute prints no dollar figure?

Then no table can honestly print one either. Thirty of the fifty-three jurisdictions set mileage by cross-reference — a state-employee or state-officer rate that moves on its own schedule — and ten set no attendance figure at all. In those jurisdictions the current referenced rate has to be looked up at the time of service, which is why every row here shows the authority rather than only a number.

Does the fee have to be handed over at the moment of service everywhere?

No. That is the federal model and many states follow it, but it is not universal. Louisiana has fees deposited with the clerk before the subpoena issues (La. R.S. 13:3661); Connecticut pays a party-summoned witness on the day of attendance (§ 52-260(h)); Montana makes advance payment in a civil action a matter of demand (MCA 26-2-507); Oklahoma pays each subsequent day on a rolling day-before schedule (28 O.S. § 81); and Georgia makes fees a condition precedent only for out-of-county witnesses (O.C.G.A. § 24-13-25).

Do the amounts change?

Yes, and on their own schedules. Wisconsin’s circuit-court rate rises from $16.00 to $55.00 on 1 November 2026 (Wis. Stat. § 814.67). New Mexico’s rate has been tiered since 6 April 2021. Colorado deleted its general per-diem subsections effective 1 July 2010, and New Hampshire repealed its fee statute effective 1 July 2019. Every row on this page carries the date it was checked.

New Hampshire really requires no witness fee?

For attendance, yes — RSA 516:16 was repealed effective 1 July 2019, and the mileage provision went with it. The row is shown as no fee because the repeal was verified, not because a table left the cell blank.

How does Served 123 handle witness fees on a subpoena it serves?

As a third-party cost, the same way court and authority fees are handled. The service fee is quoted in writing before work begins, and third-party costs — witness fees among them — run through a retainer that is drawn down against actual charges and reconciled after completion, with the retainer itemised on its own line. Details are on the pricing page.

The fee is one line of a correct service. We handle the whole thing.

Served 123 domesticates and serves subpoenas nationwide. The service fee is quoted in writing before work begins; witness fees and other third-party costs run through an itemised retainer, reconciled after completion.