What you must tender with a subpoena — the federal $40/day fee under 28 U.S.C. § 1821, GSA mileage, and the rules in all 50 states and D.C. Use the free calculator below, then search the state table. Served 123 LLC domesticates, serves, and advances the witness fee nationwide.
A subpoena witness fee is the statutory attendance fee — and the travel or mileage allowance — that a witness is entitled to receive for complying with a subpoena. In most jurisdictions, the fee for at least one day's attendance plus mileage must be tendered to the witness at the moment the subpoena is served. Get the amount wrong, or tender nothing at all, and the subpoena can be unenforceable. This guide covers the federal baseline, a calculator, and a searchable rate table for every state.
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Five things to confirm on every subpoena.
Beyond the daily fee and mileage, 28 U.S.C. § 1821 also entitles a federal witness to the actual cost of common-carrier travel (air, rail, or bus at the most economical reasonable rate, with receipts), and to tolls, parking, and taxi fares between lodging and terminals. When the place of attendance is far enough from the witness's residence to require an overnight stay, a subsistence allowance at the applicable federal per-diem rate is added. Because the mileage allowance tracks the GSA rate that changes each calendar year, the only federal figure that stays fixed is the $40 daily attendance fee — always verify the current mileage rate before you tender.
Measure the route on the embedded map, then estimate the attendance fee and mileage under the federal rule or any of the 50 states and D.C.
Start typing to pick a U.S. address, drag the A/B pins, tap the map, or use GPS. The one-way driving distance fills in and updates your estimate automatically — or just type the miles.
Serving a subpoena out of state? We domesticate, serve, and advance the witness fee.
Get a quoteGeneral statutory rates for civil matters. Rates and mileage bases change and vary by case type — always verify the current statute and local rules before service.
| State | Daily Fee | Travel / Mileage | Statute |
|---|---|---|---|
| Alabama | $1.50/day | $0.05/mile round trip | AL Code § 12-19-131 |
| Alaska | $12.50 (≤3 hrs) / $25.00 (>3 hrs) | State employee rate if >30 miles | AS 24.25.050 |
| Arizona | $12.00/day | $0.20/mile one way | A.R.S. § 12-303 |
| Arkansas | $30.00/day | $0.25/mile round trip | Ark. R. Civ. P. 45(e) |
| California | $35.00/day | $0.20/mile round trip; $15 for records | Cal. Gov. Code § 68093 |
| Colorado | $2.00/day | Published state mileage schedule | § 13-33-102 C.R.S. |
| Connecticut | $0.50/day | State employee mileage rate | Conn. Gen. Stat. § 52-260 |
| Delaware | $2.00/day | $0.03/mile round trip | 70 Del. Laws § 8903 |
| Florida | $5.00/day ($7.50 in-county) | $0.06/mile round trip | Fla. Stat. § 92.142 |
| Georgia | $25.00/day | $0.45/mile round trip | OCGA § 24-13-25 |
| Hawaii | $4.00/day | $0.20/mile round trip | HRS § 607-12 |
| Idaho | $20.00/day | $0.30/mile one way | IRFLP 901 |
| Illinois | $20.00/day | $0.20/mile round trip | 705 ILCS 35/4.3 |
| Indiana | $5.00/day (criminal: $15.00/day) | State employee mileage rate | I.C. § 33-37-10-2 |
| Iowa | $10.00 (full) / $5.00 (half day) | State supreme court schedule | Iowa Code § 622.69 |
| Kansas | $10.00/day | State rate if >1 mile | K.S.A. § 28-125 |
| Kentucky | Not Required | — | No fee required under KY rules |
| Louisiana | $25.00/day | $5.00/day hotel & meals | LA Rev. Stat. § 13:3661 |
| Maine | $10.00/day | $0.22/mile round trip | 16 M.R.S. § 251 |
| Maryland | Not Required | No mileage (fact witnesses) | No fee required for fact witnesses |
| Massachusetts | $6.00/day | $0.10/mile round trip | M.G.L. c. 262 § 29 |
| Michigan | $12.00 (full) / $6.00 (half day) | State employee mileage rate | MCL § 600.2335 |
| Minnesota | $20.00/day | $0.28/mile round trip | Minn. Stat. § 357.22 |
| Mississippi | $1.50/day | $0.05/mile round trip | Miss. Code Ann. § 25-7-47 |
| Missouri | $5.00/day | $0.07/mile round trip | Mo. Rev. Stat. § 491.280 |
| Montana | $10.00/day | $0.17/mile round trip | MCA § 26-2-502 |
| Nebraska | $20.00/day | State rate if >1 mile | Neb. Rev. Stat. § 25-1228 |
| Nevada | $25.00/day | State employee mileage rate | NRS § 50.225 |
| New Hampshire | $24.00 (civil) / $30.00 (criminal) | None specified | N.H. Rev. Stat. § 516:16 |
| New Jersey | $2.00/day | $2.00 per 30 miles traveled | N.J. Court Rules 1:9-2 |
| New Mexico | $95.00/day | Flat rate — no mileage specified | NMSA § 38-6-4 |
| New York | $15.00/day | $0.23/mile round trip | CPLR § 8001 |
| North Carolina | $5.00/day | State employee mileage rate | N.C.G.S. § 6-51 |
| North Dakota | $25.00/day | State employee mileage rate | N.D.C.C. § 31-01-16 |
| Ohio | $12.00 (full) / $6.00 (half day) | $0.10/mile round trip | ORC § 2335.06 |
| Oklahoma | $10.00/day | State employee mileage rate | 28A O.S. § 28-81 |
| Oregon | $30.00/day | $0.25/mile round trip | ORS 44.415 |
| Pennsylvania | $5.00/day | $0.07/mile round trip | 42 Pa.C.S. § 5903 |
| Rhode Island | $10.00/day | $0.10/mile round trip | G.L. § 9-29-7 |
| South Carolina | $25.00/day | State employee mileage rate | S.C. R. Civ. P. 45(b)(1) |
| South Dakota | $20.00/day | State employee mileage rate | SDCL § 19-5-1 |
| Tennessee | $1.00/day (court) / $30.00 (civil subpoena) | $0.04/mile or state rate if >10 miles | T.C.A. § 24-4-101 |
| Texas | $10.00/day | Flat fee; mileage included | Tex. Civ. Prac. & Rem. § 22.001 |
| Utah | $18.50 (day 1) / $49.00 (subsequent) | $1.00 per 4 miles after first 50 | Utah Code Ann. § 78B-1-119 |
| Vermont | $30.00/day | State employee mileage rate | 32 V.S.A. § 1551 |
| Virginia | $5.00/day | State employee mileage rate | Code of Va. § 17.1-610 |
| Washington | $10.00–$25.00/day (county-dependent) | County-dependent mileage rates | RCW 2.40.010 |
| West Virginia | $10.00/day | $0.10/mile round trip | W. Va. Code § 59-1-14 |
| Wisconsin | $16.00/day | $0.20/mile round trip | Wis. Stat. § 814.67 |
| Wyoming | $30.00 (full) / $15.00 (half day) | $0.23/mile round trip | U.R.D.C. 501(a)(3)(B)(i) |
| District of Columbia | $40.00/day | Follows federal GSA rate | D.C. Code § 14-305 |
The party issuing the subpoena pays the witness fee. The fee is tendered to the witness — not to the court — and in most jurisdictions it accompanies the subpoena at the moment of service. When Served 123 serves on your behalf, we calculate the correct statutory amount for the jurisdiction, advance it, tender it with the subpoena, and itemize it on your quote so nothing is missed.
Under FRCP 45(b)(1) and the majority of state rules, the fee for one day's attendance plus the mileage allowance must be tendered at the time the subpoena is served. This is a precondition to a valid service, not an afterthought — the witness is entitled to have the money in hand before being obligated to appear. A handful of jurisdictions allow the fee to be paid on demand or shortly after service, but the safe and standard practice is to tender with the subpoena.
The statutory attendance fee usually applies whether a witness is compelled for trial or a deposition, because both require the witness's personal attendance. A records-only subpoena (a subpoena duces tecum seeking documents without live testimony) is treated differently in some states — California, for example, sets a separate, lower figure for the production of business records. Several states also publish distinct criminal-case rates. Confirm which rate applies to your specific subpoena type before tendering.
Mileage compensates the witness for travel between their residence and the place of attendance. The federal allowance tracks the GSA standard mileage rate and is computed on the round trip. States diverge in two ways that matter:
That is why the calculator above flags, rather than guesses, the mileage for states that use a separate schedule — tendering an outdated or wrong mileage figure is one of the most common ways a subpoena is challenged.
A subpoena served without the required fee tendered is procedurally defective. The witness can decline to comply, and a court can quash the subpoena or refuse to hold the witness in contempt. In practice this means lost time, a re-service, and a missed deadline — the entire reason the tender rule is treated as non-negotiable in professional service.
FRCP 45(b)(1) expressly provides that fees and mileage need not be tendered when a subpoena is issued on behalf of the United States or any of its officers or agencies. Many states have a parallel exemption for government-issued subpoenas. The exemption is narrow — it does not extend to private litigants — so unless the issuing party is a government entity, plan to tender the fee.
When a case pending in one state needs testimony or records from a witness in another, the foreign subpoena is domesticated in the witness's state and served under that state's rules — including its witness-fee and mileage rules. The fee owed is generally the destination state's statutory amount, not the originating state's. Served 123 LLC handles the full chain: we domesticate the subpoena, serve it under the destination state's procedure, advance the correct witness fee, and return court-ready proof.
Subpoena witness fees are the statutory attendance fee and travel or mileage allowance a witness is entitled to for complying with a subpoena. In most jurisdictions the fee for at least one day's attendance plus mileage must be tendered to the witness at the time of service. The amounts are set by statute and differ between the federal courts and each state.
The party that issues the subpoena pays. The fee is tendered to the witness, typically at service, by or on behalf of the issuing party. Served 123 LLC advances the witness fee on your behalf when we serve and itemizes it on your quote, so the correct amount is tendered at service without you preparing a separate check.
Under the federal rule and most state rules, the fee for one day's attendance plus the mileage allowance must be tendered together with the subpoena at the time of service. Tendering after service, or not at all, can render the subpoena unenforceable, so the fee is normally delivered with the subpoena itself.
Under 28 U.S.C. § 1821(b), a federal witness is paid an attendance fee of $40.00 per day. The witness is also entitled to a mileage allowance equal to the GSA rate prescribed for federal employees under 5 U.S.C. § 5704, plus actual common-carrier costs and a subsistence (per-diem) allowance when an overnight stay is required.
FRCP 45(b)(1) requires that the fees for one day's attendance and the mileage be tendered when the subpoena is served. A subpoena served without the required fee is procedurally defective and generally unenforceable — the witness can't be compelled to comply. Most states impose a similar tender requirement.
They can. Many jurisdictions apply the same attendance fee whether the witness is subpoenaed for trial or a deposition, but records-only (subpoena duces tecum) requests sometimes carry a different or reduced fee, and some states set separate criminal-case rates. Confirm the rule for the specific subpoena type and jurisdiction before tendering.
Mileage is generally based on the distance between the witness's residence and the place of attendance. Federal mileage tracks the GSA standard rate and is computed round trip. States vary: some set a fixed cents-per-mile rate (round trip or one way), and others tie mileage to a separate state-employee or court schedule. Confirm the basis before computing — the calculator above flags states that use a separate schedule.
Under FRCP 45(b)(1), fees and mileage need not be tendered when the subpoena is issued on behalf of the United States or any of its officers or agencies. This exemption is specific to government-issued subpoenas; private litigants must still tender the fee.
No. Most states set a statutory daily fee, but a few don't require a fee for ordinary fact witnesses. Where a fee is required, the amount ranges widely — from about a dollar a day in some states to a flat rate in the tens of dollars in others. The state-by-state table on this page lists the general civil rate and the governing statute.
When a subpoena issued in one state is domesticated for a witness in another, the witness-fee rules of the state where the witness is located and served generally govern. Served 123 LLC domesticates the subpoena, serves it under the destination state's rules, and advances the correct statutory witness fee, itemized on your quote.
The statutory witness fee is the baseline owed to any subpoenaed witness, including experts, for attendance. Experts may separately negotiate or be entitled to professional compensation for deposition or trial testimony under applicable rules, but that professional fee is distinct from the statutory attendance and mileage fee discussed here.
Yes. When we serve a subpoena, we calculate the correct statutory attendance fee and mileage for the jurisdiction, advance it on your behalf, tender it with the subpoena at service, and itemize it on your quote — so the subpoena is served correctly and remains enforceable.
We domesticate, serve, and advance the witness fee — so your subpoena is enforceable and your proof is court-ready.
